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(영문) 서울서부지방법원 2015.08.12 2015가합168

물품대금

Text

1. The Defendant: (a) KRW 561,138,051 for the Plaintiff and 5% per annum from July 12, 2014 to August 12, 2015; and (b) for the Plaintiff.

Reasons

1. Basic facts

A. On August 14, 2013, the Plaintiff and the Defendant

8. On October 31, 198, the Plaintiff sold the Cheong language to the Defendant two occasions as follows. The storage charge was a contract under which the Plaintiff, from November 1, 199 to November 1, 200, entered into a contract under which the Defendant bears each (hereinafter “instant sales contract”). Around that time, the Plaintiff was paid USD 300,000 in US currency (hereinafter “$”) with down payment.

(1)

8. 14. Written contract: USD 1,080.62 ton, USD 595 ton, gross USD 642,968.90.2

8. 21.21. Written contract: USD 2,423.78, USD 582 per ton, USD 1,410, USD 639.96.

On February 18, 2014, the Plaintiff and the Defendant: (a) drafted a letter of commitment stating that “In shipping from February 18, 2014 to August 14, 2013, the sales amount shall be USD 500 per ton, first of all, in shipping out of a warehouse; and (b) the difference between blue fish storage fees and fish at the time of shipping out after February 18, 2014, shall be settled after the shipment of the entire quantity; and (c) drafted a letter of commitment containing the same contents (hereinafter collectively referred to as “instant undertaking”) with the exception that the amount of sales as of August 21, 2013 is USD 40 per ton.

C. From December 5, 2013 to July 11, 2014, the Plaintiff delivered to the Defendant a total of USD 1,733,907, including down payment, and received a total of USD 1,733,907 from the Defendant.

The storage fees incurred from November 1, 2013 to the completion of delivery, which the Defendant had to pay the storage fees, are total of 206,812,480 won.

E. The final transaction standard rate of USD 1,108 is KRW 1,108.30 per USD 1.00.

[Reasons for Recognition] Facts without dispute, significant facts in this court, Gap 1-1, 1-2, 4-1, 4-2, Eul 2-1, and 2-2, the purport of the whole pleadings

2. If a document which is a sole disposal document is drawn up, any of the parties' internal intentions.