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(영문) 서울중앙지방법원 2015.09.18 2014가합41457

물품대금

Text

1. The Defendant: USD 2,181,600 in U.S. dollars and its related amounts from May 24, 2014 to January 6, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established pursuant to the laws of the Republic of Korea and engaged in the export and import of raw materials, such as rare soil and non-metallic metals, and the Defendant is a company established pursuant to the laws of Japan and has its business offices in Japan.

나. 원고는 2013. 7. 26. 피고에게 루테늄 산화물(Lutetium Oxide) 400kg을 미합중국 통화(이하 생략한다) 615,600달러에, 유로퓸 산화물(Europium Oxide) 200kg을 216,000달러에 각 매도하였고, 위 각 물품은 2013. 9. 4. 부산항에서 선적되어 그 무렵 일본 요코하마항에 도착하였다.

다. 원고는 2013. 9. 5. 피고에게 루테늄 산화물(Lutetium Oxide) 500kg을 780,000달러에, 유로퓸 산화물(Europium Oxide) 500kg을 570,000달러에 각 매도하였고, 위 각 물품은 2013. 10. 5. 및 2013. 9. 27. 부산항에서 선적되어 2013. 10. 8.경 일본 요코하마항에 도착하였다

(B) The sales contract mentioned in paragraphs (b) and (c) above between the plaintiff and the defendant is "each of the instant sales contracts", and "the subject matter of the sales contract is "the goods of each of the instant cases".

In each of the above sales contracts, the Defendant agreed to pay the goods price to the Plaintiff within 45 days from the date of arrival of the goods.

[Reasons for Recognition] Facts without dispute, entry in Gap evidence 1 through 4, and 6 evidence (if there are additional numbers, including each number), the purport of the whole pleadings

2. According to the facts of recognition of the governing law, each of the instant contracts is a contract for the sale of goods between the Plaintiff established pursuant to the law of the Republic of Korea and the Defendant established pursuant to the law of the Republic of Korea and the business office in Japan, and both of the Republic of Korea and Japan (the entry into force of March 1, 2005) are parties to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the "Convention"), and each of the instant contracts is preferentially applied to the Convention.