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(영문) 인천지방법원 2016.04.26 2015가단234137
임가공비 청구의소
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 52,366,552 and as a result, from August 1, 2015 to April 26, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a person who is engaged in the clothing sales and clothing processing business, and Defendant B is a person who engages in the clothing manufacturing and wholesale business under the trade name of “D”.

(b) The originator B and the date of the preparation exists a letter of payment made on January 16, 2015 (see evidence 1, e.g., attached Form) and the letter of payment shows the seals of the master and B of the D Company B, and the guarantor column includes the personal information of the Defendant C, and the content of the letter of payment is as follows:

D promises to pay in installments the pre-processing Approval Price ($54281.58) payable to China (E) as follows:

D swears that the amount of the discretionary processing approval ($54281.58) will be completed six times in total (one month, March, April, May, May, June, June), and will be subject to a civil or criminal punishment in the event that it will be extended.

(1) The amount of 10,000 ($10,000,000 as of January 2015) plus the amount of 10,000 ($10,000,000 as of March 2015) plus the amount of 10,000 (10,000,000) as of April 2015) plus the amount of 10,000 (10,000,000) as of May 2015, 2015 (60,000) plus the amount of 10,000 (0,0000) as of July 2015, 2015.

C. On January 30, 2015, the Plaintiff received KRW 10,000,000 from Defendant B.

【Ground for Recognition: Facts without dispute (including the fact that the plaintiff was a person), entries in Gap evidence 1 and 2 (including evidence with a serial number), the purport of the whole pleadings】

2. Determination as to the cause of action

A. The main point of the Plaintiff’s assertion is that the Defendant is liable to pay to the Plaintiff the Korean won currency converted from the amount indicated in the written statement of payment (Evidence A) to USD 45143,58,000, which was calculated by deducting the US dollars equivalent to KRW 10 million, at the exchange rate at the time of the closing of the instant argument, and the damages for delay from April 1, 2015.

B. The Defendants did not raise any objection as to the authenticity of the Letter of Payment (Evidence A 1). The Defendants were served with a duplicate of the complaint and a letter of payment, and the Defendants submitted a written answer.

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