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(영문) 부산지방법원 2014.11.13 2013가합48008

약정금

Text

1. The Plaintiff:

A. Defendant Han-il Electric Co., Ltd shall fully pay KRW 44,710,383 and its related amount from October 19, 2013.

Reasons

1. Basic facts

A. The Defendants concerned are companies that manufacture and sell electric motors and burners, and the Plaintiff is a company that has carried out customs clearance and transportation with respect to the imported and exported goods of the Defendants.

The Plaintiff received advance payment from the Defendants, and used it as customs clearance and transportation expenses, etc., and received service charges by claiming the shortage from the Defendants.

B. On December 14, 2005, the Defendants sent an official document to the Plaintiff, stating that “In order to facilitate the settlement of accounts and the payment of customs clearance funds by the Defendants, the Plaintiff’s balance in the Plaintiff’s account book shall be identified and notified to the Plaintiff within 2006, and the unpaid amount shall be paid in full within the soon time as confirmed” (hereinafter “instant official document”).

[The unpaid Amount as of the end of June 2005] Separately, it means that the Defendants’ New Daily Electric Co., Ltd. was non-indicted 26,722,294 in the Defendants’ books-26,72,294 in the books of Han Daily Electric Co., Ltd. stated that as of September 2005, advance payment was paid to the Plaintiff as of September 2005.

- As of September 2005, the term “prepaid 97,302,140 won” means that the prepaid 97,302,140 won was paid to the Plaintiff as of September 2005.

-124,024,434 Final Balance 17,98,089 63,860,065 81,848,154 on the Plaintiff’s account books at the time when the final balance of the A certified customs broker’s final balance was 44,710,710,383 161,162,205 205,872,588

C. The Plaintiff’s account book keeping 1) Defendant Han Han Electric Co., Ltd. (hereinafter “Defendant Han Han Electric”).

On September 30, 2005, E’s book keeping records of the Plaintiff’s account books, the balance of the three-dimensional gold for Defendant Han Han Electrical was KRW 66,111,216, and the outstanding amount carried over on June 30, 2005 is KRW 17,98,089.