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(영문) 서울동부지방법원 2013.12.10 2012가단72231

물품대금등

Text

1. The Defendant’s KRW 39,950,00 for the Plaintiff and KRW 6% per annum from May 4, 2012 to November 23, 2012.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition [based on recognition] are without dispute; Gap evidence Nos. 1 through 10; Eul's testimony; 1) the purport of the whole pleadings; the defendant, a merchant engaged in wholesale and distribution business of agricultural, fishery, and livestock products; and the defendant, a merchant of the non-party DNS GALINC (hereinafter referred to as "non-party company") who has an address in the U.S. Luxembourg and engages in the import and export business of the Orren International Airport (hereinafter referred to as "non-party company"); and (2) the plaintiff, a merchant engaged in food export and import sales business, established a letter of credit under the name of the defendant and the plaintiff, imported the Orren from the non-party company to deliver it to the defendant; and (3) agreed that the amount equivalent to 5% of the price of the goods and the price of the letter of credit shall be paid from the defendant one week after the date of delivery.

3) On April 6, 2012, the Plaintiff: (a) issued a credit to the National Bank; and (b) delivered the said credit to the non-party company; (c) around April 15, 2012, the Plaintiff received the bill of lading and the certificate of origin, the description of goods, and each two copies of the invoice from the non-party company as to two sirens (36,612km) of container containers; and (d) around April 26, 2012, the Plaintiff issued the above documents, including the bill of lading, to the non-party company; and (c) the Defendant sold the sirens through customs clearance and delivery.

On May 30, 2012, the Plaintiff issued a tax invoice of KRW 59,000,000 to the Defendant.

5) The Plaintiff filed a claim with the Defendant for KRW 59,00,000 in total and KRW 61,950,000 in total and KRW 60,950,000 in credit issuance fees, but the Defendant paid KRW 20,000 on June 16, 2012 and KRW 20,000 on July 30, 2012, and did not pay the remainder of KRW 39,950,00 in total and contract fees. (B) According to the facts found above, the Defendant paid the Plaintiff KRW 39,950,00 in total and the contract fees for the remainder of the payment and the contract fees for the remainder of the payment of KRW 39,950,00 in total and for this, from May 4, 2012 to November 23, 2012 (the date following the date of payment).