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(영문) 인천지방법원 2018.05.31 2016가단35382

미수금

Text

1. The Defendant’s KRW 80,144,310 as well as annual 5% from July 16, 2013 to July 12, 2016, and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of general retail business, general consumption goods export/import business, etc., and the Defendant is a person who imported a pre-car for children from China to sell it in Korea while engaging in trade business, electronic commerce business, etc. under the trade name “E”.

B. From February 15, 2012 to October 16, 2012, the Plaintiff: (a) paid the price for the goods requested by the Defendant to the Chinese customer four times as listed in the following table; (b) imported the relevant goods and delivered them to the Defendant; (c) the Defendant paid the price for the goods to the Plaintiff within the agreed deadline; and (d) entered into a contract for the import of goods with the content of reserving the ownership of the relevant goods to the Plaintiff before the Defendant pays the price for the goods (hereinafter “each of the instant contracts”; and (c) concluded each of the instant contracts with the Plaintiff prior to the payment of the price for the goods. Accordingly, the Plaintiff imported the goods from March 6, 2012 to November 9, 2012 and disbursed KRW 220,14,310 as the price.

On February 15, 2012, 118 408, 2.2.42, 118 (406 ...... 28, 191.64 . 27. 27. 28, 191. 3 . 55,153.50 . 652 . 3 . 2, 201, 2012, 38, 836 . 40 . 204 . . 2, 2012 (2) . . 55,153.50 . . 3 . . 23, 2012, 38, 836 . . 202 . . . 204 . . . 106 . 16. 105 . . 16. 16. 10

C. On April 18, 2013, the Plaintiff was issued a deposit plan (Evidence A 1) with respect to the amount of goods to be paid by the Defendant pursuant to the instant contract as follows.

It is understood that the deposit plan has delayed payment between them, and I will submit the deposit plan as follows:

-Au-one installment (by no later than May 15, 2013): 5 million won (by no later than June 15, 2013): 3,14,310 won (by no later than July 15, 2013): 73,14,310 won: the above repayment date.