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(영문) 대구지방법원서부지원 2017.12.14 2017가합50021
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 229,805.6 and its amount from April 16, 2016 to April 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 30, 2016, Plaintiff-related Plaintiff changed the trade name to “A” stock limited liability company as of June 30, 2016. The People’s Republic of China (hereinafter “China”), a corporation established under the law, engaged in the production, sale, and export of clothing, and the Defendant is a person who engages in the wholesale and retail trade in the Republic of Korea. B. On December 8, 2015, the Plaintiff entered into a contract with the Defendant for the supply of clothing with the Defendant (hereinafter “instant contract”). The purchase order (PurchaO), 00, 00, 300, 00, 00, 00, 300, 00, 300, 05, 00, 300, 205, 30, 205, 30, 200, 300, 15, 28, 208, 305, 28, 30, 28, etc.

1. Shipment time: In relation to the interpretation of the “full” and “defeas” as stated in the delivery contract until March 30, 2016, the seller asserts that the seller has the meaning of delivery, and there is disputes in interpretation by asserting that the seller is the meaning of delivery.

section 23.

Seller may deliver goods in installments, and -5% of the goods shall be permitted.

2. Port of registry: The port of registry at which the cargo is located in China: Korea;

3. The buyer of the method of payment shall pay US$ 30,000 and shall pay the full amount within eight days after departure of the goods.

(80 per cent of the price of goods shall be in the account transfer method, 20 per cent shall be in the current payment method). The deposit shall be deducted after the entire shipment of the goods.

(The First Shipment Time) On January 28, 2016, a buyer shall pay the price for goods before February 4, 2016

C. On January 4, 2016, the Plaintiff received the money of USD 30,076 from the Defendant to transfer the money of USD 30,076. The following five times.

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