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(영문) 서울서부지방법원 2017.11.22 2017가합1707

물품대금

Text

1. As to the Plaintiff KRW 207,510,440 and KRW 39,315,00 among them, the Defendant shall pay to the Plaintiff KRW 168,195,436 from September 19, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company producing semiconductor integrated circuits (hereinafter “integrated circuits”) and is a company producing transportation cards and credit cards by importing the Defendant integrated circuits.

B. From December 2015 to March 2016, the Plaintiff: (a) sold a sum of USD 766,375.79 (referred to both US currency and US currency; hereinafter “$”) to the Defendant, as indicated in the “sale Price” column in the attached Table; (b) agreed on the date when 60 days have elapsed from the date of supply of each item; and (c) delivered the integrated circuits to the Defendant on each relevant day, as indicated in the attached Table “The supply Date” column in the attached Table.

2. Determination as to the cause of action

A. According to the above facts, since the payment period of each of the instant sales proceeds falls under “payment date” as stated in the separate sheet, the Defendant’s payment period falls under KRW 147,688.12 in total (specific details are as indicated in the separate sheet in the separate sheet in which the Plaintiff deducteds the corresponding amount in the separate sheet in which the Plaintiff was appropriated for principal of the sales proceeds.

(2) The Plaintiff is obligated to pay damages for delay and damages for delay on the sales price of the instant case. (2) The Plaintiff claimed damages for delay on the unpaid sales price from September 19, 2017, as well as damages for delay corresponding to the period from the same date until October 31, 2017 from the same date.

However, since the claim for delay compensation from September 19, 2017 to October 31, 2017 for unpaid purchase price overlaps with the claim for fixed delay compensation corresponding to the same period, it is not reasonable in itself as it is alleged. In the case of the claim for fixed delay compensation from October 28, 2017 to October 31, 2017, the claim for delay compensation and its delay compensation from October 25, 2017. < Amended by Act No. 15010, Oct. 25, 2017>