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(영문) 대전지방법원 천안지원 2017.03.29 2015가단100712
물품대금
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A Limited Liability Corporation (hereinafter “Plaintiff Corporation”) is a Chinese company that manufactures and exports polypropyma (p. p. p. p. p.ma; hereinafter “mast”). The Defendant, from around 2007, imported marinas from the Plaintiff Corporation and sold them to the Yong-Nama Co., Ltd. (hereinafter “Plaintiff Corporation”).

B. (1) On August 1, 2014, Plaintiff Corporation supplied the Defendant with a total weight of USD 18,540 g, USD 36,492.50 (bill of lading number D) equivalent to USD 18,540 g, USD 36,492.50 on August 1, 2014. (2) The Defendant acquired the above Mabb and sold it to Yong-Namban, etc., and the defect was raised from Yong-Namban, etc., and around August 2014, Plaintiff Corporation and each representative of the Defendant visited Yong-Namban, etc. to confirm the occurrence of the defect.

3) On August 27, 2014, the Plaintiff Corporation drafted and delivered to the Defendant a written consent to the effect that “11,220 U.S. dollars out of 36,492.50 U.S. dollars shall not be paid at all times, and shall be deposited after the settlement of the mass problem is made.” (C) November 2, 2014, Plaintiff Corporation refused to accept the M&M as of November 2, 2014, with the Defendant as consignee, sent to the Defendant a total of USD 6,200cc, U.S. dollars 15,334.30 U.S. dollars (hereinafter “instant M&M”).

2) The Defendant refused to accept the instant marina on November 6, 2014. The Defendant filed an import declaration on the instant marina, including customs duties and surtax, and paid KRW 3,863,759 in total. D. Plaintiff B’s acquisition agreement on the instant marina (i) explained to the Plaintiff B that “the Defendant may accept the instant marina if he remitted customs clearance expenses paid by the Defendant to the Defendant.” In doing so, the Defendant kept in custody for the waiting for customs clearance in Pyeongtaek Port.

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