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(영문) 수원지방법원안산지원 2017.10.19 2017가합1001
물품대금
Text

1. The Defendant: USD 630,213.54 in U.S. dollars and its related amounts from January 10, 2016 to August 7, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a Chinese company with the aim of manufacturing and exporting steel products, and the Defendant is a person engaged in manufacturing and selling steel products with the trade name “B”.

B. On June 10, 2015, the Plaintiff entered into a steel export contract equivalent to USD 507,500.63 in the U.S. currency (hereinafter the currency name omitted) with the Defendant, and the Plaintiff determined that the 10% of the contract amount shall be paid before June 17, 2015, and the remaining 90% of the balance shall be paid within 120 days from the date of issuance of the bill of lading.

(hereinafter “instant First Agreement”). In addition, around August 7, 2015, the Plaintiff entered into a steel export and import contract equivalent to USD 445,636.31 with the Defendant, and the Plaintiff agreed to pay 10% of the contract amount within this framework after signing the contract, and 90% of the balance shall be paid within 120 days from the date of issuance of the bill of lading.

(hereinafter referred to as “instant second contract”). C.

On July 31, 2015, the Plaintiff issued a bill of lading pursuant to the instant contract under the instant contract on July 31, 2015, and issued a bill of lading pursuant to the instant contract on September 6, 2015. The Plaintiff manufactured steel as stipulated in each of the instant contracts and delivered all of them to the Defendant.

The Defendant paid only USD 322,923.40 in total to the Plaintiff as the price for goods under each of the instant contracts, and did not pay USD 630,213.54 in remainder.

[Ground for recognition] Unsatisfy

2. According to the above facts of determination, the defendant is obligated to pay to the plaintiff the amount of USD 630,213.54 payable to the plaintiff and the delay damages calculated at the rate of 6% per annum under the Commercial Act from January 10, 2016 to August 7, 2017, which is clearly indicated that it is the delivery date of the original copy of the payment order in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim is justified and it is so decided as per Disposition.

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