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(영문) 의정부지방법원고양지원 2017.06.28 2015가단88048
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 27, 2015, the Plaintiff, a Singapore company, entered into a sales contract with the Plaintiff, a company located in the Republic of Korea, under which the Plaintiff sells copper cement (hereinafter “instant goods”) with the Defendant (hereinafter “instant sales contract”), and entered into a sales contract with the Defendant to purchase the instant goods (hereinafter “instant sales contract”) to raise the instant goods. The main contents are as follows.

1. Goods: copper cement (place of origin): Pakistan);

2. Giyang: 38 per cent of copper content - 40 per cent to below 38 per cent; 3. Quantity: 50 per cent of the total quantity and price per cent of the quantity at the time of delivery

4. Packing: A cat ton of a character, and a cato Bagle;

5. Loading: Within 30 days after receipt of the credit.

6. Port of loading: Pakistan; and

7. Port of arrival: Busan Port of the Republic of Korea.

8. Unit price: The average price and official formula of the London Metal Exchange (LME) for ten days prior to the date of a bill of lading: LME x old content (%) x 62% per drying weight (PER DY MTRD DMT), LME: The amount opened by the average cash payment by a seller of the London Metal Exchange for ten days prior to the date of a bill of lading: US$ 72,577 [5,83 US$16, March 16, 2015] x 62% (or old content) x 40% (or old content) x 1,451.54 x 757 U.S. dollars x 5757 x 757 mix).

9. 1) Payment Terms and Conditions 1) If shipping documents were presented to the bank by an irrevocable documentary credit, payment shall be made on condition of sight 100%. - 90% of the invoice amount shall be paid in traditional shipping documents and the shipping weight report and analysis report by the inspection institution, and exchange on the basis. - The remainder 10% of the invoice amount shall be inspected by the independent inspection institution authorized by 3 after checking the content and weight at the port of arrival, and by the independent inspection institution authorized by 3, ELS Cor (SNko testing institution).

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