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(영문) 서울고등법원 2016.04.05 2015나2038031
손해배상(기)
Text

1. The plaintiff's appeal and the plaintiff's claim that the court changed in exchange are all dismissed.

2...

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is engaged in salt, manufacturing, processing, and selling salt, and that Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that runs salt and Pium Pium Import and Distribution Business. Defendant C is the spouse of the representative director of the Defendant Company (D) who actually runs the Defendant Company by using the name “the chairperson”.

B. 1) The Defendant Company from around 2012 to around 2012, as the Indian company, is the DADI I MFX PTRIVE LIED (hereinafter “multipex”).

(2) From April 15, 2013, the Defendant Company continued to negotiate on the price of salt imported from snow-melting salt, and entered into a contract on the sale of snow-melting salt (hereinafter “the instant contract”). On May 1, 2013, it was not yet finalized whether the vessel freight in the port of arrival should be included in the terms and conditions of the purchase price until the said contract was entered into.

On May 1, 2013, the export of the spectrum and the import store (Defendant Company) enter into a sales contract for goods on the following terms:

Item : An Indian sun-dried-dried bed in a state of bulk is the cargo accumulated in a ship without packaging it, and the cargo of grain, coal, and raw milk is mainly the cargo.

Quantity: 45,000 tons A.I.D. unit price for 10% of the increase or decrease: USD 16 on the basis of delivery on board (FOB), Scra, India (or the Korean rate of arrival and departure added to USD 16 on the basis of delivery on board) for the disadvantaged party of the CNF Co. and the Rights (a. the “C&F” means the “C&F” and the “c&F” means the “price included on arrival and departure charges: 10% of the terms of delivery on board (or the price included in the Korean port of arrival, the determination after the conclusion of the charter party): the credit, the bill of exchange on the basis of export charge, and other 90 days.

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