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(영문) 서울중앙지방법원 2017.10.27 2017가단5094283

매매대금

Text

1. The Defendant shall pay 102,104 US dollars to the Plaintiff the annual interest rate of 18% from April 26, 2015 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 1, 2015, the Plaintiff and the Defendant concluded a sales contract for the goods that the Defendant would purchase from the Plaintiff at least 30 parts of the instant goods every quarter of 2015 (hereinafter “instant sales contract”) with the Defendant to exclusively supply and sell the goods in the Republic of Korea (hereinafter “instant sales contract”).

B. Upon entering into the instant sales contract and the instant sales contract, the Plaintiff and the Defendant agreed to: (a) the Defendant submitted an order to the Plaintiff; (b) the Plaintiff sent the Plaintiff’s product if the Plaintiff consented; and (c) the Defendant, if the Plaintiff issued a written request, shall pay the goods price on the date of payment indicated on the stamp; (d) the Defendant shall pay 1.5% interest per month from the date of payment until the date of full payment if the Defendant did not pay the goods price on the date of payment; and (e) reimburse the collection expenses, including

C. According to each of the above contracts, the Defendant ordered to the Plaintiff at the beginning of 2015 a large amount of the instant goods, including 20 parts of the instant goods and related parts (hereinafter “the instant goods subject to sale”). On March 26, 2015, the Plaintiff sent the instant goods to the Defendant on March 26, 2015. The total amount of the instant goods subject to sale is USD 102,104, and the payment was decided to be a telegraph transfer for telegraph transfer within 30 days after the issuance of the written request.

On May 12, 2015, the Defendant carried out and received the subject matter of this case in the bonded warehouse of Busan Port.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings

2. According to the above facts of determination, the defendant is from April 26, 2015, which is the day following the payment date of USD 102,104 and the price payment of the subject matter of this case to the plaintiff.