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(영문) 서울고등법원 2013.09.27 2012나69434
물품대금
Text

1. The plaintiff's additional claims and the plaintiff's appeal are all dismissed.

2. The expenses after the appeal is filed.

Reasons

Basic Facts

The plaintiff is a domestic company established for the purpose of the wholesale business of heavy equipment, such as the other company, and C (hereinafter referred to as "C") is a German company established for the purpose of the production, sale, and export business of the other company, and D was in office as the representative of the plaintiff and C.

The defendant operates construction machinery rental business with the trade name of "E", and the defendant's wife F is operating construction machinery rental business with the trade name of "H".

The conclusion of the instant contract Nos. 1 and 2 between the Plaintiff and the Defendant on behalf of the Plaintiff, ① on February 20, 2006 between the Defendant and the Defendant, ② on July 25, 2006, one of the other workshops (the model name: BN60-34; hereinafter “6601”) produced by the Plaintiff C was loaded and supplied until July 25, 2006, and the Defendant agreed to pay the remainder (30% of the advance payment after the contract, 40% of the intermediate payment after consultation, 30% of the balance at the time of submission of B/L) (hereinafter “instant contract”), ② on July 7, 2006, the Plaintiff supplied the other model (the model name: BN60-18; hereinafter “6601; hereinafter “6601”) manufactured by the Plaintiff C to pay the remainder within 00,000,000 from the date of the shipment agreement to 20,000.

C The conclusion of the instant 3 contract between C and the Defendant on November 13, 2006 between C and C; C, on behalf of C, made 660 units (hereinafter “60 units”) and 660 units (hereinafter “660 units”) and loaded and supplied them within 15 days after the shipment of 6601 units; and the Defendant agreed to pay 850,000 tons of the prices (30% of the advance payment after consultation, 40% of the intermediate payment after consultation, and 30% of the remainder at the time of submission of B/L) as the price for the instant 3 contracts.

A. C Co., Ltd. and C Co., Ltd. and C Co., Ltd. and C Co., Ltd. and C Co., Ltd. and C Co., Ltd. and C Co., Ltd. and 280 C Co., Ltd. on behalf of C on three occasions, including Mar. 5, 2007;

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