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(영문) 부산지방법원 2012.04.18 2010가합24490
손해배상(기)
Text

1. On March 18, 2010, the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) for KRW 836,327,288 and KRW 832,590,000 out of the said amount and the said amount.

Reasons

1. The following facts do not conflict between the parties or may be acknowledged by taking into account the following facts: Gap evidence Nos. 1, 2, 4-1, 5-2 through 5, Gap evidence No. 10-2, 1, 2, 10-1, 7-5, Eul evidence No. 16, 16-1, 2, and 41-2, and Eul evidence No. 42:

1) The Defendant, a fishery product importer company of this case, was not processed to the Plaintiff, and the freezing name (W/R 2: 1: 1: 1: 2: 2: 2: 3: 2: 3: 4: 2

US$ 1320,000 for 1,200 tons ( US$ 1,100 for a ton)

(A) On February 4, 2010, the sales contract stating the agreement to deliver the said goods at the port of Busan, while selling them to the seller (hereinafter “instant sales contract”).

) Around February 2, 2010, the Plaintiff was drafted on February 2, 2010, and on February 2, 2010, the Plaintiff is deemed to be an original-paid fishery company (hereinafter referred to as “ original-paid fishery”).

U.S. dollars 1,379,310 ($ 1,149.425 per ton) for the above unprocessed 1,200 tons

(2) On February 3, 2010, the Defendant agreed to deliver the said goods to the Plaintiff at Busan port on February 4, 2010. (2) On February 3, 2010, the Defendant transferred USD 1320,000 from the Plaintiff (at the time, the base exchange was KRW 1160.1 per US$1), and on February 25, 2010, delivered the Plaintiff a total of 547.492 tons of an unprocessed name, including but not limited to US dollars 190.432 tons on February 26, 2010.

B. 1) The Defendant’s non-processed name 1500 U.S. dollars 1.5 million U.S. dollars (1.00 U.S. dollars per ton) to the Plaintiff.

) On February 12, 2010, the sales contract stating that the agreement to deliver the said goods at the port of Busan was entered into on February 12, 2010 (hereinafter “instant sales contract”).

(A) On February 5, 2010, the Plaintiff was drafted on February 5, 2010. On February 5, 2010, 1,561,398 US$1,500 ($1,040.932 per ton) for 1,561,398.

On February 12, 2010, the goods are sold at the port of Busan.

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