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(영문) 인천지방법원 2018.04.04 2017가단247731
물품대금
Text

1. The Defendant’s KRW 158,709,917 as well as the Plaintiff’s KRW 6% per annum from January 13, 2017 to April 4, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff is a U.S. corporation engaged in goods distribution business, etc., and the defendant is a Korean corporation engaged in clothing miscellaneous distribution business, etc.

B. On November 4, 2015, the Plaintiff received orders from the Defendant to make all preparations necessary for the delivery of the said goods, and notified the Defendant of the completion of all preparations on December 3, 2015.

However, around that time, the Defendant requested the Plaintiff to withhold the dispatch of the above goods on the ground that the import procedure does not proceed because the documents for importing the above goods to Korea are not adequate, and the Plaintiff stored the said goods in the Plaintiff’s warehouse.

After that, the Defendant received part of the goods from February 2016 to August 2016 by allowing the Plaintiff to deliver the goods directly to the customers of Korea, but the remainder of the goods did not have been received until now.

The Defendant paid only USD 7,00 as the price for the goods to the Plaintiff on April 12, 2016, USD 5,000, USD 2,000 around August 26, 2016, and USD 15,114.55 as the price for the remaining goods ($ 22,114.55 - USD 7,00).

C. On August 31, 2016, the Plaintiff received orders from the Defendant for the goods equivalent to USD 58,802.60,000 from the Defendant to USD 123,945.77 ($ 58,802.60,000,000,000,000 in total, and sent the goods equivalent to USD 42,134.10,000, in total, of USD 123,945.7,000,000,000,000,000 for the goods ($ 58,802.60,134.10,23,09.07) and around November 30, 2016 and around November 30, 2016.

On November 1, 2016, the Plaintiff received an order from the Defendant to deliver the said goods to the Defendant on or before December 20, 2016, for Mica Kors Habags equivalent to USD 8,644.05.

E. The Plaintiff’s price for goods from the Defendant around November 2016.

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