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(영문) 서울중앙지방법원 2016.11.25 2016가합519046
물품대금
Text

1. The Defendant’s KRW 307,028,362 as well as the Plaintiff’s annual rate of KRW 6% from March 19, 2016 to April 18, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of manufacturing and selling clothes, etc., and the Defendant is a company that runs the trade brokerage business for exporting clothes, etc.

On July 17, 2015, the Plaintiff and the Defendant drafted an agency contract for the export of clothing products (hereinafter “instant contract”) or the instant contract, and the main contents thereof are as follows.

The size, quantity, and amount of goods to be exported by Article 1 A (referring to the plaintiff.) of the export agency contract on behalf of Eul (referring to the defendant.) shall be as follows:

(Omission) Article 2 Section 2 A shall be supplied to A for simple export of the goods referred to in Section 1 in the name of B or a third party, or by an error established under the name of B under the name of B, and Section B shall pay Section 441,360,00, including $21,342, to A.

Article 4 Section A shall bear all responsibilities, including any claims arising from the export performance (including any refusal of payment, delay of delivery, failure to export, etc.) and any other claims arising from such export.

Where Article 5 Section A and B violate this Agreement, the party who has violated this Agreement shall compensate for the damage.

Article 8 In addition to the above general provisions of the contract, the following matters shall be determined by the special agreement, and if there is a conflict between the general matters and the special agreement, the special agreement shall prevail.

1. A shall pay only the final short-term payment recognized by B.

2. A shall be paid only the amount equivalent to the quantity of finished products finished by Eul which has been finally recognized.

3. Eul shall make payments to Gap within 35 days of the date of shipment, including $21,342.00 of export agency fees, for the combination of items 1 and 2.

B. Upon the Defendant’s request, the Plaintiff paid USD 75,285 on July 29, 2015, USD 67,176 on August 4, 2015, and USD 40,000 on August 21, 2015, respectively, to the company located in China, “SHNGH AI TXLILE RA MAW MASTS” located in China, and the Plaintiff paid USD 40,000 on August 21, 2015.

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