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(영문) 부산지방법원 2017.08.31 2015가단85561 (1)
손해배상(기)
Text

1. On the Plaintiff (Counterclaim Defendant),

A. Defendant A Co., Ltd.: (a) KRW 119,93,982 and its related thereto, from November 1, 2015 to October 2015.

Reasons

1. Basic facts

(1) The Plaintiff is a company that purchases and sells and distributes the frozen trade name captured by domestic raw materials processing companies.

B. On January 7, 2015, the Plaintiff concluded a contract under which the Defendants jointly purchased and sell to the Defendants the Free Trade Zone 24,000 boxes (hereinafter “instant Free Trade Zone”) totaling KRW 768,00,000 (24,000 boxes x 32,000 won) per 1 gambling place (hereinafter “instant purchase contract”), and the following details are as follows.

The seller: The seller of the Plaintiff-Co-purchase: the buyer of the Defendant A (hereinafter “Defendant A”): the Plaintiff, Article 1 (Contents of the Contract) of the Plaintiff, supplied the Defendants with the terms and conditions specified below, and the Defendants are all acquiredC E C E.

Article 2 (Terms and Conditions for Delivery of Goods) The Defendants shall set the unit price by adding the rate of 7% per annum from January 9, 2015 to the warehouse storage charges/stuffing charges, and the rate of 7% per annum from January 9, 2015 after the date of the contract to the date of acquisition, which is all taken over in full by the date before January 10, 2016.

Article 5 78 million won of down payment (to be deposited before January 9, 2015)

Secondly, Defendant B remitted each of the Plaintiff KRW 20,000,000, out of the down payment on January 7, 2015, and the remainder of the down payment on January 12, 2015.

x. On January 19, 2015, the Plaintiff released 600 boxes of the Free Trade Zone of this case to the FF located in Gangwon-do designated by Defendant A, and Defendant B remitted the purchase price of KRW 19,200,000 ( KRW 32,000 x 600) to the Plaintiff’s passbook.

(v) Since January 19, 2015, the Defendants did not take over 23,40 boxes (24,000 boxes-60 boxes) (24,000 boxes), which are the remainder of the freezing name of the instant case.

⑹. 원고는 수차례에 걸쳐 피고들에게 이 사건 냉동명태를 인수할 것을 요구하였으나, 피고들이 인수하지 않자, 2015. 10. 28.경 피고들이 이 사건 구매계약을 이행하지 않음을 이유로...

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