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(영문) 청주지방법원 2018.07.19 2016가단11325
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. The Plaintiff made, distributed, sold, and sold fibers, yarns, etc. with the trade name of C, and the Defendant is the representative of 'D' company located in Brazil. B. The Defendant and E, the representative of the instant company, requested the Plaintiff, by e-mail, to reduce import duties and prepare shipping documents at USD 9.80 per kg for diverse product prices. The difference is that the Defendant and E are liable for the difference. (C) Although the amount stated in the shipping documents out of the goods supplied to the instant company, etc. was paid in all at the instant company, etc., the consignee, but the amount of USD 67,365.95 out of the remainder was not paid by the Defendant and E, unlike the promise. Accordingly, the Defendant is liable to pay the Plaintiff the amount of 190,529,387 won ($ 67,365.95 on July 21, 2016) that was not paid to the Plaintiff.

2. Facts of recognition;

A. On August 22, 2011, the Plaintiff: (a) designated the instant company as an overseas trading office; (b) commenced export transactions by reporting the total export price of USD 43,069.04 to USD 43,06.04; (c) USD 75,970.40, the actual export price of USD 32,90,069.04, which is the actual export price (i.e., USD 43,069.04 Difference 32,907.36) of the instant company’s name or the Defendant’s related company.

B. From October 15, 2012 to October 15, 2012, the Plaintiff traded textile goods with the instant company in the same manner as above, and on October 15, 2012, the export price stated in the shipping documents as of October 15, 2012 was fully paid. However, USD 203,654.04 among the non-reported difference portion was not paid.

Since April 7, 2016, the company of this case paid a part of the additional payments, and there remains the export price of USD 167,365.95.

【Ground of recognition】 Each number of evidence Nos. 1 through 4.

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