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(영문) 서울중앙지방법원 2018.05.02 2017가단5053800
위약금
Text

1. Defendant B Co., Ltd. and Defendant E, jointly, jointly with the Plaintiff KRW 55,00,000, and as to this, the Defendant from April 23, 2015.

Reasons

1. The following facts may be acknowledged by comprehensively taking account of the descriptions of Gap evidence 1 to 11 (including paper numbers) and the whole purport of the arguments as a result of the plaintiff's examination.

Defendant E, on March 23, 2015, intended to import agricultural products requested by Defendant E through Defendant B Co., Ltd. (hereinafter “Defendant Company”), provides the Defendant Company with a letter of credit for the import transaction of the Defendant Company, and the Defendant Company delegates its authority to operate, sell, and dispose of it, and Defendant E pays 25% of the net profit amount through import and sale to Defendant E, Defendant E prepares a delegation contract (Evidence A 2: hereinafter “the instant delegation contract”) and affix a seal thereto under the name of Defendant Company.

B. On April 3, 2015, the Plaintiff entered into an investment contract with Defendant D, the agent of Defendant E and Defendant Company, which entered into a letter of credit (hereinafter “instant contract”) stating that “the Nonparty Company established a letter of credit for the import transaction of agricultural and fishery products of the Defendant Company and provided it to Nonparty Company’s creditor bank of the exporting company to Nonparty Company” (hereinafter “instant contract”).

- The cost required for the issuance of the Credit (US$ 12,00) at the time of the first settlement shall be deducted from the revenue and paid to the non-party company.

- The non-party company shall pay 50% of the revenue imported and sold by means of the credit to the defendant company.

- Defendant Company and Defendant E compensate for 200% of the cost of the issuance of the credit if the shipment of the exporting company is not commenced within seven days from the date of the issuance of the credit to the exporting company with respect to the Defendant Company.

C. Nonparty Company: (a) the cost of issuing a letter of credit for a Chinese company that is an exporter to the Defendant Company based on the data received from Nonparty Company, plus USD 12,000,00 each over twice on April 10 and April 15, 2015.

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