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1. Of the part against Defendant B in the judgment of the court of first instance, the following amount exceeds the amount ordered to be paid.
Reasons
1. The Plaintiff is a Chinese company that manufactures and sells and exports the original body, etc., and the Defendant Company is a domestic company that processes and sells and exports the original body, etc.
Defendant C joined the Defendant Company around April 1990 and was in charge of accounting and accounting as the internal director of the Defendant Company from March 2009 to July 2016.
The Defendant Company was a company that actually controlled the entire shares issued by the deceased G (the deceased on September 27, 2016, hereinafter “the deceased”) and was engaged in import transactions, such as the Plaintiff and the original group, and suspended its business around August 2016.
However, around August 2016, Defendant C withdrawn the personal financial property of the deceased and the financial property of the Defendant Company.
After the death of the deceased, co-defendant D and F of the first instance trial, the spouse of the deceased, succeeded to the deceased.
[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1, 2, Eul 1, Eul 21, Eul 21 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Claim against the defendant company
A. The Plaintiff asserted that the Plaintiff was not paid the price of the goods equivalent to USD 405,84.99 (hereinafter “$”) with respect to the original unit that was loaded from January 4, 2016 to May 8, 2016. As such, the Defendant Company is obliged to pay the Plaintiff the price of the said goods at the exchange rate of February 13, 2017, calculated at the time of the instant lawsuit.
B. The Plaintiff’s claim against the Defendant Company established by the Chinese law against the Defendant established by the Chinese law for the payment of the purchase price of goods is a foreign element.
The governing law of the contract is the law that the parties have chosen explicitly or implicitly (the main text of Article 25(1) of the International Judicial Law), and the plaintiff and the defendant company do not dispute that the law of the Republic of Korea is the governing law of the price of the above goods. Therefore, the above price of the goods is