수출대금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 505,660,536 and 4,440 of the above amount.
1. The reasons stated in this part are the same as the entry of "1. Basic Facts" in the judgment of the court of first instance, except for cases where the basic facts are written or added as follows. Thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
Inasmuch as the bankruptcy was declared against Plaintiff A on June 15, 2015 by the Seoul Central District Court Decision 2015Hau76 decided June 15, 2015, both “Plaintiffs” were put into “Co. A” (hereinafter the corresponding parts of the first instance judgment cited by this Court are also the same). The last part of the second instance judgment cited by the court of first instance is “the Republic of Cambodia” as “the Kingdom of Cambodia,” and “20,000,000 L” in Chapter 5 of the third instance judgment as “the Kingdom of Cambodia, 20,000,000 L” (hereinafter the corresponding parts of the first instance judgment cited by the court). The following are added to the first instance judgment following the first instance judgment of the court of first instance 3 subparag. 14 (Evidence in front of the new part).
E. “A” (hereinafter referred to as “A”) was declared bankrupt by the Seoul Central District Court on June 15, 2015, and the Plaintiff appointed as the trustee in bankruptcy on the same day taken over the instant legal proceedings.”
2. The Plaintiff’s claim of this case, which is a governing law, is a claim for the payment of export price and loan against the Defendant, a company established under the Kingdom of Cambodia Act, and is also a foreign element. Therefore, the governing law should be determined under the Private International Act.
Article 25(1) of the Private International Act provides that “a contract shall be governed by the law that the parties have chosen explicitly or implicitly.” The plaintiff (hereinafter referred to as “the plaintiff” and “A” shall not be distinguished in relation to the litigation conducted in the course of the pleadings in this case) and the defendant shall be governed by the export contract at issue in this case at the first instance and the first instance trial, the monetary loan contract, and the governing law relating to the defendant’s defense for offsetting.