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(영문) 서울동부지방법원 2017.09.20 2016가합107958
물품대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 129,235,156, and 6% per annum from April 21, 2017 to September 20, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the fishery products processing business and the freezing freezing business. Defendant A is a person who engages in fishery products distribution business under the trade name of “C”, and Defendant B (hereinafter “Defendant Company”) is a company that engages in fishery products distribution business.

B. On September 30, 2014, the Plaintiff and Defendant A entered into a fishery products supply contract (hereinafter “instant supply contract”). The main contents of the contract are ① the Plaintiff’s settlement and storage of the freezing fish, etc. purchased by the Defendant A with the Plaintiff’s funds. ② The Defendant A sells freezing fish, which was shipped out to the Plaintiff, and then pays the purchase payment, margin, storage fees, etc. to the Plaintiff, and the specific contents are as follows.

The Defendant Company jointly and severally guaranteed the Defendant A’s obligation under the instant supply contract.

Article 2 (Purchase) (Purchase) (A) of the supply contract of this case shall be purchased in accordance with the factory operation and unit price, and Gap (the plaintiff) shall pay the price.

Article 3 (Storage) Storage shall be made in freezings designated by A.

Article 4 (Methods of Withdrawal and Payment) “A” means B’s summary of delivery.

A shall be delivered to the goods on the date of request for delivery, and B shall be paid to A on the date of shipment.

Article 5 (Unit of Supply) A shall sell to B, including 3% of the purchase price, storage fees, and warehouse all costs.

Article 6 (Custody Fees) Storage Fees, etc. shall be fully borne by the Gu.

The proviso of Article 7 (Security) B shall deposit 40,000,000 won as cash security to Gap.

C. From October 30 to November 26, 2014 under the instant supply contract, the Plaintiff purchased and kept 14,380 boxes with the Plaintiff’s funds, which were frozen and cut off from October 30, 2014 to November 26, 2014. However, as of December 31, 2015, the Plaintiff did not release 6,901 boxes (hereinafter “unclaimed and freezing fish”).

On April 20, 2017, after the filing of the instant lawsuit, the Plaintiff: (a) agreed with Defendant A on April 20, 2017, 96,614,000 won = 6,901 boxes x 14.

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