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(영문) 서울중앙지방법원 2018.01.12 2017가합533575

물품대금

Text

1. As to USD 1,573,016 and USD 1,537,710 among them, the Defendant from March 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On August 26, 2015, the Plaintiff sold the products of this case to the Defendant at USD 1,537,710 in U.S. dollars as indicated below (hereinafter “instant product”).

(hereinafter referred to as “the instant sales contract”). (b)

The terms and conditions of the contract and payment under the contract of this case are as follows.

Article 5. (1) The sum payable by the buyer to the seller under section 2 shall be the sum payable to the seller under section 2. (2) To approve the sale price of the "products" under this contract, the buyer shall, within 2 business days from the date of the conclusion of this contract, establish a letter of approval of purchase with the seller as the beneficiary and complete the settlement within 15 days from the date of shipment.

(3) If the buyer fails to complete the payment within the due date, the seller may calculate 5% interest per annum as one-day and impose on the seller, and the buyer shall transfer the interest to the seller within five business days after the seller notifies the seller of the imposition of overdue interest.

(4) In the event that the seller delivers the “goods” to the buyer and the seller fails to pay the price specified in this section, the ownership of the “goods” is the seller, and the seller may at any time dispose of the “goods” at any time.

C. On August 30, 2015 and August 31, 2015, the Plaintiff loaded the instant product under the Incheon Port through Hyundai Glosovis, a marine transportation company. D.

On March 3, 2016, the Plaintiff sent to the Defendant a written claim demanding USD 35,306.45 per annum from the purchase price of the instant product, USD 1,537,710, and the payment date thereof ( September 14, 2015 and September 15, 2015, which was the 15th day from the date of loading) until February 29, 2016.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 through 6 (including each number in the case of additional numbers), and the purport of the whole pleadings.