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Reasons
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(영문) 부산고등법원 2013.05.30 2012나3494
손해배상(기)
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1. The part against the defendant in the principal lawsuit of the judgment of the court of first instance shall be revoked, and such revoked part shall be applicable.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation established in Japan for the purpose of exporting and importing fishery products. The defendant is a corporation whose head office is located in the Republic of Korea and which imports freezing (H/G: H/G: Heded and Gutted (hereinafter referred to as “processed name”) and sells it to the Republic of Korea, China, etc. by removing freezings (Whole Round, hereinafter referred to as “unprocessed name”) or head and internal organs not processed by the Russian company.

B. As of February 2, 2010 between the Plaintiff and the Defendant, the 1,200 U.S. dollars 1,320,00 U.S. dollars between the Plaintiff and the Defendant on February 2, 2010.

On February 4, 2010, purchasing USD 1,100 per ton ($1,100 per ton) a sales contract (Evidence 1; hereinafter referred to as “the first sales contract of this case”) stating that the goods shall be delivered from Busan port on February 4, 2010.

2) On February 2, 2010, the Plaintiff agreed to resell 1,200 tons of the above non-processed name to USD 1,379,310 ($ 1,149.425 per ton) between the Plaintiff and Won Fishery Co., Ltd. (hereinafter referred to as “original fishery”).

3) On February 3, 2010, the Plaintiff: USD 1320,000 (the base exchange at the time is KRW 1160,160 per USD 1) to the Defendant.

(4) On February 5, 2010, the Defendant: (a) imported unprocessed Thailand from USD 626,417 ($ 1,100 per ton); (b) concluded a sales contract with an unprocessed Thailand to import USD 1,818.168 to USD 1,99,984 ($ 1,100 per ton); and (c) paid the price in full; and (d) received the unprocessed Type 2,387.638 tons from Busan on February 16, 2010 (= 569.47 tons1,818.168 tons); (c) the Defendant divided the unprocessed Type 2,417.638 tons into KRW 626,417 (1,168 tons per ton); (d) the aforementioned unprocessed Type 2,387.638 tons into KRW 221,298,4585g x 2945 x 2945 g x x 94545 metric (15.2945 metric

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