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(영문) 인천지방법원 2017.08.16 2017가단3764

물품대금

Text

1. The Defendant’s KRW 62,748,598 and KRW 27,435,870 among the Plaintiff and its KRW 35,312,728 among the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 (including paper numbers) of the judgment on the cause of the claim, the Plaintiff made a transaction with the Defendant and C to supply products, such as jusp and jusp, wellspion wave, etc., and the Defendant and C, on October 21, 2016, prepared a document (hereinafter referred to as “the document of this case”), stating the following: “The Plaintiff shall pay USD 24,420, such as jusp wave price, until November 30, 2016, and shall pay USD 31,431, such as Masp price, until the Gu administration in 2017” (hereinafter referred to as “the document of this case”); ② the Gu administration in January 28, 2017, and the exchange rate of 15,015 U.S. dollars as of the date of the closing of argument of this case (the exchange rate per 2015).

According to the above facts, the defendant is obligated to pay to the plaintiff 62,748,598 won (=27,435,870 won + USD 24,420 x US$ 24,420 x announced exchange rate 1123.50 won) 35,312,728 won (i.e., USD 31,431 x announced exchange rate x KRW 1123.50)) and 27,435,870 of the following day for the amount of 27,435,870 won from December 1, 2016, 35,312,728 won, which is the due date for payment, from January 29, 2017 to August 16, 2017, to pay damages for delay calculated by the rate of 5% per annum prescribed in the Civil Act from the next day after the due date to the due date for payment.

2. As to the defendant's argument, the defendant asserts that "as to the portion of USD 31,431 among the plaintiff's claim amount, the plaintiff did not receive 57 products from the plaintiff until now, it shall not be able to respond to the plaintiff's claim."

However, the following circumstances revealed in the evidence cited earlier, i.e., the instant document, without mentioning the conditions for the supply of well-known products, is to pay USD 31,431 prior to the Gu administration in 2017.