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(영문) 대구지방법원 서부지원 2017.01.13 2016가합104

물품대금

Text

1. Defendant C Co., Ltd.: USD 1,308,316.55 in U.S. dollars to the Plaintiff and the amount from January 30, 2016 to January 30, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacturing of textile products. The Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company engaged in wholesale and retail business of textile products. Defendant B is an internal director who is currently the representative of the Defendant Co., Ltd.

B. From October 8, 2003 to December 31, 2010, the Plaintiff continued to supply various original parts to the Defendant Company, and the Defendant Company exported to Brazil a considerable portion of the original parts supplied by the Plaintiff during that period and sold from Brazil.

C. From April 5, 2012 to February 21, 2014, the Plaintiff exported a variety of original parts through D and ECO LTPP, etc. (hereinafter “instant Brazil”). During that period, the Defendant Company sold the Plaintiff’s original parts supplied through the instant Brazil through the branch office of the Defendant Company located in the territory of Brazil.

The Plaintiff received the original payment under the name of the Defendants, their employees, their families including Defendant B’s wife, and the company Brazil, etc. while engaging in the original transaction with the Defendant Company. The considerable portion of the payment was transferred by means of foreign currency remittance (foreign currency remittance entering into the Republic of Korea) in Brazil’s local area.

E. Meanwhile, on October 17, 2006, Defendant B, a representative of the Defendant Company as a director of the Defendant Company, paid 80,000,000 won out of the original unit price to the Plaintiff as of October 17, 2006, around November 2006, around 2006, and around December 2006, at least 250,000 won shall be repaid in installments as of January 2006, and after January 2007, at least 50,000 won shall be paid in installments each month (if the Plaintiff regularly loads a certain quantity of the original unit to the Defendant Company, the monthly shipment amount shall also be paid if the seizure of the original unit attached to Brazil customs office is terminated, regardless of the plan for installment payment, the Defendant Company shall pay 40-50,000,000 won as soon as possible, provided real estate owned by the Defendant Company B as security, or agreed to sell the original unit price.