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(영문) 의정부지방법원 2019.05.21 2018가단15192

물품대금

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1. The Defendant’s 24,119,040 U.S. dollars 21,120 and 1,142.5 U.S. dollars as of April 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff was supplied to the Defendant company located in the U.S. as a company located in the U.S. and the Defendant company located in Korea with non-sene 2,00 km 2,00 km around 2016.

At the time, the Plaintiff did not separately claim air fares against the Defendant.

B. On November 2016, 2016, the Plaintiff issued an estimated invoice with the following content to the Defendant on October 17, 2016 (No. 3-2) on November 15, 2016, and the Plaintiff issued a commercial invoice with the following content on November 15, 2016:

(A) On November 30, 2016, the Defendant, supplied the Plaintiff on November 22, 2016, demanded 4,800 km, not 5,000 g, and the Defendant to send the estimated invoice in accordance with 4,800 g. At the Defendant’s request, the Plaintiff appears to have sent once again the estimated invoice corrected only the quantity to 4,800 g (A evidence 8-1, 2). The Plaintiff sent the following e-mail to the Defendant on November 30, 2016, which was after November 28, 2016 when the Defendant reported the import of the said article: < Amended by Presidential Decree No. 27570, Nov. 30, 2016>

(A) No. 6-1) EF CDH G5) sent the Plaintiff e-mail to the effect that the Defendant, who received the said e-mail, sent the said e-mail to the Plaintiff on the same day, that “The Plaintiff cannot sell it to another place because the price would not meet the unit price so that it would not sell it.” On the same day, the Plaintiff sent the e-mail to the Defendant, stating that “The unit price is difficult to adjust and the fare would be adjusted.”

(A) No. 6-2) (c)

After February 2017, the Plaintiff agreed to supply non-spool 4,800 g in non-spool 2nd and the same content on February 1, 2017.