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(영문) 대전지방법원 공주지원 2018.02.22 2017가단20158
물품대금
Text

1. The defendant shall make annual payments from December 21, 2016 to February 22, 2018 to US dollars 29,332 to the plaintiff.

Reasons

1. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is a Chinese corporation with a domicile in the People’s Republic of China (hereinafter “China”) Nos. 3 and the aim of cargo export and import business, etc., and the Defendant is a Korean corporation for textile business, etc.

On September 21, 2016, the Plaintiff supplied the Defendant with 100% PLYYE CHNNAL YG 4.5S equivalent to USD 482.50 on September 21, 2016, and 100% PLY 300D, 100% PLY 300D, 100% PLS 300% PLS CHE CHE CHALNYYYYY YALNE 4.5S, 100% PLE PYE YE YE YE YYN. 4.5S, and the Defendant did not pay the price to the Plaintiff.

Therefore, the defendant is obligated to pay to the plaintiff damages for delay calculated by setting the Korean law as the governing law around the plaintiff's total price of the above goods ($ 29,322 + USD 28,839.6 + USD 1) and damages for delay calculated as the governing law.

B. In this case, the governing law of this case is determined in accordance with the relevant treaty and private international law, since the Plaintiff, a legal entity established under the Chinese law, seeks payment of the price for the goods unpaid due to the supply of the goods in this case against the Defendant, a Korean company, and is

On December 11, 1986, China signed the United Nations Convention on Contracts for the International Sale of Goods on February 17, 2004 (hereinafter referred to as the "Convention"), and since March 1, 2005, both countries were in force.

According to Article 1(1) of the UNFCCC, where the country concerned is a contracting party, the UNFCCC applies to a contract for the sale of goods between the parties in which the place of business is located in the other contracting party, and the contract for the manufacture or supply of goods under Article 3(1) shall be regarded as a sale.

However, this is the case.

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