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(영문) 서울남부지방법원 2014.06.27 2013가합105602
물품대금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant’s KRW 112,126,00 for the Plaintiff and its related costs on June 28, 2014.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are companies with the aim of manufacturing and selling non-ferrous metals.

B. On August 28, 2013, the Plaintiff’s in-house director “B” (hereinafter referred to as the “instant in-house director”) listens to the statement that C Company would act as a broker in order for the Defendant to trade nitrokly with the Defendant that supplies Pyeongtaekk. After confirming the Defendant’s intention to purchase nitrokly, the Plaintiff confirmed the Defendant by telephone, and set the purchase price of Category D and Category D 7,300 kilograms as KRW 17,300 per kilogramk, and then, the Defendant set the purchase price of Category D and Nickel 4 x 4 x 4 x 9.8%min) 7,000km (hereinafter referred to as the “in-case”).

(3) On August 27, 2013, the Defendant proposed to purchase 7,00km from E company F, and decided to purchase 16,000 won per E company’s F, G and purchase price on August 28, 2013, and received the instant nitrok as stated in the preceding paragraph. D. The Defendant received the instant nitrok delivery from the Plaintiff on August 28, 2013, and thereafter received the tax invoice issued by the Plaintiff and C respectively, from the Plaintiff and C, sent the tax invoice issued by the Plaintiff and C to verify that the seller under the tax invoice arranged for the sales contract was not E company but rather the unit price G, and the seller was to supply goods to 16,000 won per kilogram, and the Defendant sent the instant amount of KRW 700,500,000 per K account under the name of 160,100,1000 won per K account, and 1507,500,000 won per K account.

E. On October 31, 2013, the Defendant: (a) on the Hanjin Metal Co., Ltd. on October 31, 2013, 16,018 won per kg.

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