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1. Defendant B’s 1,808,077.89 US dollars and 15% per annum from August 2, 2018 to the date of full payment.
Reasons
1. Determination as to the claim against Defendant A
A. Plaintiff’s assertion 1) Defendant A Co., Ltd. (hereinafter “Defendant Company”).
)은 2017. 12. 18. 원고에게 알루미늄 주괴(鑄塊, Aluminum ingot) 8,370.731 메트릭 톤 중량단위 1,000kg을 의미한다. 을 미화 18,080,778.96달러(1 메트릭 톤당 미화 2,160달러)에 공급하는 계약(이하 ‘이 사건 계약’이라 한다
(2) However, on January 3, 2018, the Defendant Company urged the Defendant Company to enter into an agreement on damages due to the nonperformance of the instant contract, and notified the termination of the contract.
On December 18, 2017, a bilateral annexed agreement shall be drawn up on the basis of the contract between the Plaintiff and the Defendant and the contract between the Plaintiff and December 15, 2017 (hereinafter referred to as “C”) and D.
1. C shall delegate the terms and conditions of the contract made with D on December 15, 2017 to the Defendant Company as proxy, and D shall delegate the terms and conditions of the contract made with C to the Plaintiff.
2. On January 10, 2018, the defendant company and C jointly and severally opened a credit as DDRFT signed by D and provided the Hadkam, and notified the receiving bank (RABOKKK Spot) after the provision of Hadkam (the plaintiff and D confirmed that the receiving bank and the Sste Bank entered into a RMA KY contract). 3. However, if the above paragraph 2 is normally implemented, D transfers products to C within 08 business days from the date of notification of the credit.
4. When C fails to comply with the above paragraph 3 within 08 business days after it opened a letter of credit and notified D, the Plaintiff cooperates with the Defendant Company to sell the goods directly.
5. The defendant company and C jointly and severally conclude that the credit was issued and that the execution of the contract was completed simultaneously with D's notification as well as D', and D will jointly and severally transfer the products to C within 08 business days after receipt of the credit.
C The relevant product is transferred to the Defendant Company and the Defendant Company falls under the Plaintiff again.