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(영문) 대구지방법원 2017.09.22 2016가합207991
물품대금
Text

1. The Defendant’s KRW 623,490,047 as well as the Plaintiff’s KRW 6% per annum from August 24, 2016 to September 22, 2017.

Reasons

1. Basic facts

A. A contract between the Plaintiff and the Defendant for the supply of goods and the payment thereof (1) concluded a contract between the Plaintiff and the Defendant to supply the Defendant with paper goods, such as packaging paper, and the Plaintiff supplied goods equivalent to KRW 4,514,933,321 in accordance with the Defendant’s order from June 2, 2014 to May 2016.

(2) On August 2016, the Defendant paid KRW 3,881,597,749 to the Plaintiff as the price for the instant transaction by the lower police officer.

B. During the process of performing the instant transaction (1) the Plaintiff prepared goods upon receiving an order from the Defendant, and contacted with a company (A) for the carriage of export and import goods designated by the Defendant, to coordinate transportation schedule, and sent the Defendant the shipment schedule and the ordered items to the Defendant.

The defendant shall, through this, conduct customs clearance for the export of the ordered goods in Vietnam.

In this process, a bill of lading will be issued with the consignor, the defendant, the consignee, and the consignee.

(2) 베트남에 도착한 물품은 절지(絶紙)필요 여부에 따라 HQPAPER 주식회사(피고는 ‘주식회사 씨앤스타 비나’라고 부르고 있다, 이하 ‘절지회사’라 한다) 내지 주식회사 두선비나(이하 ‘두선비나’라 한다)에게 운송된다.

C. (1) Around March 30, 2016, the Defendant sent to the Plaintiff a content-certified mail attesting that the Plaintiff would divide the amount of KRW 966,26,683, which was unpaid due to the purchase of goods, materials, and machinery from November 2015 to February 2, 2016, and reached the Plaintiff around that time.

On April 10, 2016, 300,000,000 as of the date of repayment (on May 10, 2016) and as of June 10, 2016, the Plaintiff is able to provide a security to the Defendant for 300,000,000,000,000 of the month as of July 10, 2016 as of July 10, 2016, for 30,000,000,000 of the month as of July 10, 2016 (2) as of August 10, 2016, the Plaintiff cannot accept the above settlement plan from the Defendant on March 31, 2016.

4.To make payments by October.

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