(영문) 서울중앙지방법원 2019.10.02 2018가합592243

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2019.10.02 2018가합592243

중재판정취소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company established for the purpose of export and import business, processing and distribution business of agricultural, fishery and livestock products, and the Defendant is a company established for the purpose of processing, distributing and selling agricultural and fishery products in accordance with the Japanese law and has its head office in Japan.

E Co., Ltd. (hereinafter referred to as “E”) is a company that mainly purchases and processes prestigious raw materials and sells them as prestigious products.

B. As of April 1, 2014, Defendant and E drafted “(raw materials and products) import and raw material sales agreement” as of April 1, 2014, and the content is as follows:

(hereinafter referred to as “A” shall be subject to Article 1 of the Defendant, “B”, and “B” shall be subject to the transfer of goods to “B”, and “B shall pay Party A’s price of goods after customs clearance.

B shall transfer name materials to A after confirming the amount of request for raw materials from the name column and then confirming the amount thereof.

Article 2. “Items of Goods”: The name “FRO ZE PALALAC KOE”) raw materials and quantities in the blank (FRE SOLN SOLOINING PALC TRE): FRE ZE SOLALALALC PEE: 500G 500G/5200 to 5KG PEE (PACRE) price in the name of 510 to 510G KING&G ship and the name of change of raw materials: Busan 3.0 the payment claim amount shall be made and issued whenever shipment is made, Eul shall verify this and pay the amount to Gap’s designated account by T&T.

B shall prepare and issue a written claim for payment at the time of the change in the name of the raw material, and A shall pay the amount to the designated Gu unit of B by T/T remittance after confirming this.

C. Meanwhile, the Plaintiff and the Defendant drafted each of the instant transfer agreement (hereinafter “instant transfer agreement”) on January 1, 2015 and January 1, 2016, respectively. The main contents of the said two contracts are as follows, and there are differences between the date of preparation and the period.

hereinafter "A" means the defendant, "B" means the plaintiff.

A person shall be appointed.

1. Period: January 1, 2015 to December 31, 2015 (and January 1, 2016 to December 31, 2016).

유사 판례

-서울중앙지방법원 2020.02.18 2019나44004 (1)

-대전지방법원 2017.12.21 2017가단212443

-인천지방법원 2018.02.02 2016가단57399

-서울남부지방법원 2016.01.15 2014가단64244

-대전지방법원천안지원 2020.05.20 2019가단112416