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(영문) 서울서부지방법원 2020.10.22 2019나41154
양수금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

Reasons

1. Basic facts

A. On March 20, 2018, the Defendant entered into the following transaction agreements with D Co., Ltd. (hereinafter “D”) and E Farming Association Co., Ltd. (hereinafter “FF”) on the export, etc. of agricultural products: (a) the Defendant’s representative and the representative of the farming association; hereinafter the same shall apply).

The parties to the contract of transaction: A truster (A) of export: Defendant Contract Company (A): The production site (hereinafter referred to as “C”) of the Defendant Contract Company C (hereinafter referred to as “C”): A of the Agricultural Cooperative B, and the goods supplied by Party A are agreed to be traded on the basis of the following conditions in the entrustment of export:

Article 1 (Basic Matters) (1) 1 Na, Ha shall, at the request of A, act on behalf of B for export.

(2) A shall notify the local companies of foreign countries of the fact of export agency to B and B, and obtain their consent.

(4) Eul, Jung, and Jung shall immediately deposit and dispose of the export price deposited to C, and guarantee the payment.

Section 2 (Scope of Agency) The export agency under this contract shall act on behalf of the Party B, and upon the Party A’s request, on behalf of the Party B.

Article 3 (Matters Concerning Recognition of Export Performance) (1) The ratio of "A" and "B" to the final export performance is 50:50,00,000, and the first 300,000,000,000,000,000,000,000,000,000,000,000,00,000

(2) All export recommendations made between Gap and Eul through Gap are recognized as the export performance of Gap.

Article 4 (Shipment of Goods) (1) B, and the goods shall be loaded within the time limit in accordance with the export approval, etc. issued in the name of A.

(2) If the loading of goods is not performed by the due date for loading, Party A may collect daily allowances from Party B and Party B, and Party B, respectively.

Article 7 (Countermeasures against C: 1. E. E., fixed quality of export goods, inferior quantity, inferior package quantity, inferior quality, delay of shipment, failure to load, etc.

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