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(영문) 창원지방법원 2019.01.17 2018가합51099
집행판결
Text

1. As to the case of the case of the Russia Federal 9 Appeal between the plaintiff and the defendant A40-3608/2016 of commercial court's case number.

Reasons

1. Basic facts

A. The Plaintiff is a limited liability company established pursuant to the laws and regulations of Russia and is engaged in the wholesale business of various kinds of machinery and its accessories, and the Defendant is a stock company incorporated pursuant to the laws of the Republic of Korea and is engaged in the business of manufacture, processing, sale, export, and import of various industrial machinery.

B. On February 24, 2016, the Plaintiff is the Plaintiff’s term “the instant contract” under the supply contract between the Plaintiff and the Defendant, namely, a commercial court case number A40-3608/16-110-317, which entered into between the Plaintiff and the Defendant around September 2014.

In relation to this, the plaintiff filed a lawsuit that "the amount of USD 324,674 paid in advance to the defendant who is the seller, converted the amount of USD 25,668,726.44, which was the amount of USD 324,674 into Russia, was returned."

C. The Defendant, upon receipt of the Plaintiff’s complaint, appointed a local legal representative and responded to the said lawsuit. On the other hand, the Defendant asserted that the Plaintiff obtained USD 83,291.21, which is the interest equivalent to the money that the Plaintiff had had paid in connection with the instant contract, with unjust enrichment, and filed a counterclaim seeking the return thereof.

The plaintiff sought the return of USD 324,674 among the above lawsuits, and revised the purport of the claim.

On January 10, 2017, the commercial court of Russia declared a judgment dismissing both the plaintiff's principal claim and the defendant's counterclaim claim.

On April 4, 2017, the court of commercial appeal No. 9 of Russia, which is the cause of the appellate court, appealed all the plaintiff and the defendant, and on April 4, 2017, the court of commercial judgment No. 9 of Russia declared that the case No. 140-3608/2016 accepted the plaintiff's claim and dismissed the defendant's claim for counterclaim (the judgment No. 09AP-8470/2017, 09AP-8472/20

On June 22, 2017, the defendant appealed, but the Korean Commercial Court of Russia, which is the cause of the final appeal, rendered a judgment dismissing the defendant's appeal.

(e).

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