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(영문) 서울남부지방법원 2015.10.06 2014가단69607

물품대금

Text

1. The Defendant’s KRW 20,978,591 as well as the Plaintiff’s annual rate of KRW 6% from July 1, 2013 to November 18, 2014.

Reasons

1. From March 14, 2013 to May 16, 2013, the Plaintiff supplied a total of 49,753 km functional part (GK35X-1) to a salary-making factory located in Vietnam operated by the Defendant, and was not paid USD 20,125.28 out of the price of supply.

The defendant agreed to pay the price of delivered goods by the end of the month following the month in which the original supply date belongs.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the amount calculated by applying USD 20,978,591 ($ 20,125.28 as the Plaintiff’s request) to the exchange rate of KRW 1,042.40 on September 19, 2014, which was lower than the date of closing the argument. From July 1, 2013 to November 18, 2014 (the day following the day on which the instant payment order was served to the Defendant), 6% per annum as stipulated in the Commercial Act, and damages for delay calculated at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

[Ground of recognition] Each entry of Gap evidence Nos. 3 and 5 (which includes a serial number; hereinafter the same shall apply) and the purport of the whole pleading

2. Judgment on the defendant's defense

A. The Defendant’s defense 1) The Defendant is an enterprise that produces and exports the finites. The Defendant was ordered and supplied to the Plaintiff designated by the GEX, which has its head office in Italian.

On July 1, 2013 and July 14, 2013, the defendant made clothing at the factory located in Vietnam, supplied by the plaintiff, and sent it to the househouse located in Italy after loading, and the above clothing was the same year.

7.27. Divers

8. 10. Italy arrived at Italian.

2) As a result, there was a yellow phenomenon inside the clothes supplied to the Plaintiff in the manufacturing process, in combination with the NOx, by the Defendant to the Hexy Troxe in the atmosphere, which are contained in the BHT (BHL) and the nitrogen oxides (NOx) in the atmosphere.