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(영문) 서울동부지방법원 2017.01.25 2015가단135300
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 112,469,993 and the interest rate of KRW 15% per annum from December 29, 2015 to the date of full payment.

Reasons

1. Judgment on the plaintiff's claim

A. (i) The Plaintiff is engaged in the business of manufacturing and supplying the raw and subsidiary materials of clothing under the trade name of “C”.

B. From November 10, 2014 to October 30, 2015, the Plaintiff supplied the Defendant with a total of KRW 96,112,308 (including value-added tax) equivalent to the attached specification of transactions as shown in the attached sheet of transactions, and received KRW 63,090,915 from the Defendant as the price for the goods.

(C) On the other hand, around April 2015, the Defendant Company requested the Plaintiff to manufacture a total of KRW 12,250 c.i.e., three Libers in three colors ($5,513 c,675 c.m., USD 3,063 c.m., USD 5.5 c.m., USD 3,063 c.m., the price per one c.m.; hereinafter “instant c.m.”).

The Plaintiff manufactured the e-mail (Evidence 6-16, 18) that the Defendant Company concluded that the Defendant Company would carry out the instant contract on the e-mail (e-mail (e-mail No. 6-16, 18-19 of the evidence No. 6) around July 17, 2015, and that the Defendant Company was re-paid by the representative of the Defendant Company on September 4, 2015) even if it was confirmed on its color by May 8, 2015 (D).

Applicant The exchange rate at the time of the filing of the instant lawsuit ( December 16, 2015) is KRW 1,179.20 per US dollars.

[Reasons for Recognition] Evidence Nos. 1 through 12, Evidence Nos. 7 (including each number), the purport of the whole pleadings

B. As to the parties to the instant contract for the manufacture and supply of the Navy, the Defendant recognized the fact that the amount of the non-paid goods for the clothing materials manufactured and supplied by the Plaintiff is KRW 3,021,393 (= KRW 96,112,308 - KRW 63,090,915), while the parties to the instant contract for the manufacture and supply of the Navy is the Defendant.

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