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(영문) 수원지방법원 안산지원 2018.01.31 2016가단8824
손해배상
Text

1. The Plaintiff:

A. Defendant B’s KRW 57,729,117 as well as 5% per annum from November 8, 2017 to January 31, 2018.

Reasons

1. Claim against the defendant B

A. Basic facts 1) On April 26, 2013, Defendant D who represented the Plaintiff and Defendant B entered into a contract for the manufacture and sale of jute products (hereinafter “instant contract”) with the following content.

A) The following is the Plaintiff (mutually: E); B is the Defendant B (mutually: F).

- - Under the following subparagraphs, Eul establishes a factory for the production of jute products at the local level of Bangladesh-si, and purchases and establishes machinery and equipment (direct products) for the manufacture of products. Gap shall pay 15,000 U.S. dollars to Eul as part of the purchase price of machinery and equipment. Eul shall carry out the overall affairs of the purchase and manufacture of jute products, and Eul shall take charge of the receipt and sale of jute products. ju product manufacturing factory shall, in principle, be jointly invested and managed, but the production (B) and sales (A) shall be strictly divided. If the provision is violated, in principle, the contract shall be terminated automatically by paying penalty in addition to the investment (200% of the investment, US$30,000). 2) The plaintiff remitted jute products purchase price to the defendant under the contract of this case as the total amount of KRW 80 million on April 24, 2013, KRW 96,800,000,006.

3) After that, from June 8, 2013 to February 6, 2015, the Plaintiff deposited jute product with Defendant B with the order price. However, among the invoice G 350 boxes 4,098,710 won, the remainder of KRW 2,959,588 won after deducting KRW 1,139,122 from the settlement price of additional goods, the invoice number G 350 boxes 4,098,710 won, ② the invoice number H 50 boxes 1,19,825 won, ③ the invoice number I 50 boxes 41,524 won, ④ the invoice number J 438 boxes 9,631,354 won, ⑤ the invoice number 500,697,697,6081,6080 won, Defendant 408,67.6,750 of the instant product supplied with the order price.

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