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(영문) 광주지방법원목포지원 2015.06.11 2014가합11302
손해배상(기)
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that imports raw timber and beer plate and manufactures, processes, and sells synthetic plates, etc. The Defendant is a company that engages in raw timber and wood wholesale, export, import, and trade business.

B. On May 6, 2013, the Plaintiff: (a) decided to import the “V/C plate of raw materials R/C” from Vietnam’s Viet Th Im Report (hereinafter “Exporter of this case”) as USD 220,000 per 1 cubic metres; and (b) ordered the Defendant to import the said V plate from 680,000 cubic metres (hereinafter “the instant V plate”); and (c) ordered the Defendant.

(hereinafter “instant sales contract”). D. The instant contract entered into with respect to the Berne plate (hereinafter “instant sales contract”).

Around that time, the Defendant received conditions, such as the sale price of the instant beer plate from the exporter of the instant case at US$ 149,800, and sent a certificate of sale of goods to the Plaintiff.

The main contents are as follows:

선적일 2013. 6. 15., 만기일 2013. 6. 25. 납품방법: 베트남 하이퐁항에서 대한민국 광양항까지 해상운송 대금지급: 전액 신용장 지급 특이사항: 부분선적 가능, 중개료 1㎥당 미화 3달러는 선적 서류 전달시 청구하겠습니다. 라.

On May 9, 2013, the Plaintiff deposited USD 149,800, which is the price for the instant Vietnam market at the early point of Korea Bank, into the Vietnam Standards Bank, which is the account of the exporter of the instant case, and issued a letter of credit and sent a copy thereof to the Defendant.

E. On May 25, 2013, the exporter of the instant case: (a) divided the instant Berne plate into 11 containers and sent it to Vietnam; and (b) subsequently withdrawn the amount of the instant Berne plate stated in the said Credit.

F. On June 2, 2013, the instant Berne board arrived at the Gwangju Port, and the Plaintiff, on June 3, 2013, acquired the instant Berne board, and had the Plaintiff, on June 13, 2013, conduct the instant Berne board’s quality, etc.

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