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(영문) 창원지방법원진주지원 2015.09.23 2014가합2085

물품대금

Text

1. Defendant A Co., Ltd.: USD 882,947 in U.S. dollars and its amount from November 22, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The status of the party is that the Plaintiff is a juristic person running the kimchi processing and sales business, etc. at the top industrial center in the south of the Cheongcheon-do, Chungcheongnam-do, Chungcheongnam-do, and the Defendant A (hereinafter “Defendant A”) is a juristic person running kimchi wholesale and retail business, etc., and the Defendant B is the representative director of the Defendant A.

B. From August 3, 2007 to January 14, 2012, the Plaintiff exported kimchi between the Plaintiff and the Defendant A, and the Defendant A sold kimchi imported from the Plaintiff to another domestic company. 2) The Defendant A did not pay the Kimchi equivalent to the kimchi imported from the Plaintiff. Although the Plaintiff did not receive the Kimchi in full from the Defendant A, the Kimchi amount that Defendant A did not pay to the Plaintiff was gradually accumulated, the Kimchi amount that was not paid to the Plaintiff due to the relationship of continuous export of kimchi, and the Plaintiff discontinued kimchi transaction between Defendant A and the Plaintiff on February 21, 2012.

C. On February 21, 2012, the Plaintiff prepared two copies of the U.S. Non-indicted 882,947, stating that the total amount of the kimchi payment that Defendant A did not pay to the Plaintiff was USD 882,947, and the Plaintiff and Defendant A divided one copy of the above U.S. Non-indicted 1, and Defendant B signed the U.S. Non-indicted 1’s representative director on the Non-indicted 1, which the Plaintiff would possess (hereinafter “the Non-indicted 1”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5, 7 through 20, Eul evidence Nos. 2, 25 through 28, 31 through 33, and the purport of the whole pleadings

2. Determination as to the claim against Defendant A

A. We examine the judgment as to the cause of the claim, and the facts that the plaintiff and the defendant prepared the schedule of the non-indicted 882,947 between the plaintiff and the defendant as seen earlier. Thus, the defendant A, barring any special circumstance, shall make US$82,947 to the plaintiff and this case.