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(영문) 부산지방법원 2017.07.12 2017가합43230

물품대금

Text

1. The Defendants jointly share KRW 205,955,556 to the Plaintiff and 6% per annum from February 1, 2015 to April 13, 2017.

Reasons

1. Basic facts

A. The relevant Plaintiff is a Chinese company with the objective of clothing export business, etc., and Defendant B is a person who runs a business such as wholesale, retail, import, etc. by lending the name of the denied Defendant A.

B. Defendant B entered into an agreement from October 2014 to December 2014 to pay the price for the clothes within 30 days after the shipment to the Plaintiff. The total amount of the above price for the clothes was USD 246,739.52. Defendant B paid the Plaintiff the price for the clothes at USD 19,564.69 on January 29, 2015, USD 9,984.67 on February 17, 2015, USD 9,030.26 on March 19, 2015, respectively.

C. The Plaintiff and the Defendant B agreed to liquidate the Plaintiff with respect to the clothing payment obligation (hereinafter “instant liquidation agreement”) as follows from February 2, 2016 to December 31, 2018 (hereinafter “instant liquidation agreement”).

(2) On February 2, 2016, KRW 10,000,000 on the date of performance on the net repayment date, and KRW 30,00,00 on March 2, 2016, KRW 20,000 on March 15, 2016, KRW 40,000 on June 15, 2016, KRW 5,000 on June 31, 2016, KRW 5,000 on December 22, 2016, KRW 60,000 on December 31, 2017, USD 10,000 on July 31, 200, KRW 7,100 on December 31, 2018, KRW 100 on December 31, 2018, the Plaintiff agreed to invalidate the above agreement from around 20,05, KRW 25,200 on May 26, 2016.

[Ground for Recognition] Defendant A: The fact that there is no dispute, Gap evidence Nos. 1, 3, 4, and 6, and the purport of the whole pleadings

2. According to the facts based on the determination as to the cause of the claim, USD 38,579.62 of the total amount of the clothes in 2014 from USD 246,739.52 of which Defendant B paid in 2015 ($ 19,564.69 US dollars 9,984.67 US$ 9,984.67 US$ 9,030.26) and USD 24,254.59 of which was paid in 2016 and USD 24,254.59 of the above clothes paid in 2016 shall be appropriated to the principal of the above clothes, USD 183,905.31 US$ 246,739.52 US$38,579.