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Reasons
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(영문) 수원지방법원평택지원 2015.05.29 2014가합2183
보증금반환
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2013, the Defendant entered into a sales contract for the steel bars (hereinafter “instant sales contract”) with the Plaintiff, under which the Defendant purchased the steel bars from a ice Industrial Co., Ltd. (hereinafter “ice Industry”) and sold the steel bars at a certain price with a different margin to the Plaintiff.

The defendant (hereinafter referred to as "A") and the purchaser (hereinafter referred to as "B") of a contract for the sale of goods agree to enter into a contract for the supply of goods and to implement the terms of the contract in good faith as follows:

Article 1 (Name, Materials, Weight and Unit Price) The details of products to be supplied to B (hereinafter referred to as "goods") by A shall be as follows:

1. The name of goods: Iron;

2. Origin: China - the current use.

3. Requality: SDR400

4. Gross weight: 10m - 500,610 KGS 16m - 1,499,472 KGS 19m - 1,499,904 KGS 22m - the total of 195,412 KGS: 3,695,400 KGS;

5. Short-A: 10m - 560 won/K, 162m - 550 won/K Article 2 (Price of Goods Supply) of the Goods Supply to A is 2,037,476,120 won (value of the goods).

Article 3 (Security) B shall transfer to the account designated by A the amount of KRW 3.1 million, which is about 1.5% of the price of the goods, as a security for the performance of contractual obligations to A before the payment of the price of the goods.

Article 4 (Acceptance and Delivery of Goods)

1. In principle, the acquisition and delivery place of goods shall be the difference of the warehouse warehouse of Incheon materials in principle;

2. B shall accept the full amount of the goods by January 14, 2014.

Provided, That if the relevant day is a non-business day, the next business day shall be the closing date for acceptance.

3.Provided, That the period of acceptance under paragraph (2) may be extended only within 30 days under mutual agreement, and the additional interest rate for such extension shall be 12%, and the additional closing shall be 5,000 won per ton.

Article 5 (Payment of Price for Goods) A shall be paid in cash prior to the delivery of the price for goods to B.

Article 6 (Termination and Rescission of Contract)

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