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(영문) 서울중앙지방법원 2017.04.11 2015가단5288039
약속어음금 등 청구의 소
Text

1. The defendant shall be the plaintiff.

(a) KRW 19,613,000 and its corresponding from May 1, 2015:

(b) USD 4,799.9 and this shall apply.

Reasons

1. Facts of recognition;

A. On October 16, 2013, the Plaintiff (former trade name: B; hereinafter the Plaintiff) entered into a contract with the Defendant to complete the supply of finished products that the Plaintiff entrusted with the manufacture, etc. by the Defendant, and that the Defendant shall pay the price (hereinafter “the instant primary contract”).

B. The plaintiff delivered finished products to the defendant under the first contract of this case, and the defendant approved the price with a bill, etc.

However, the Defendant did not pay the amount of 88,741,825 won issued on July 18, 2014, and the due date of bills issued on April 30, 2015.

(No dispute shall be raised as to the fact that the price equivalent to the above amount has not been paid by the parties)

On June 1, 2014, in the course of the Plaintiff’s implementation of the complete supply contract concluded with the Defendant (hereinafter “the instant secondary contract”), the fact that the Plaintiff paid USD 4,79.9 in the aggregate of USD 4,311.9 for the first shipment of a finished product and USD 4,79.9 for the first shipment of a finished product is not a dispute between the parties. On May 27, 2015, the Plaintiff sent to the Defendant a postal certificate proving that the said amount would be paid by June 4, 2015.

[Ground for Recognition: Facts without dispute, Gap 1, 2, Gap 4, Gap 6, Eul 1, the purport of the whole pleadings]

2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 88,741,825 won which is not paid to the plaintiff and damages for delay thereof, USD 4,799.9 ($ 488 of additional transportation expense + USD 4,311.9 of additional transportation expense + export expense + import expense + export expense + KRW 4,311.9)

3. The party's assertion and judgment

A. (1) In relation to the settlement amount of the Crererereret, KRW 69,128,825, the Defendant’s claim that was not paid, due to the defect of finished products generated in the course of implementing the instant first contract, the Defendant and the Plaintiff will bear the burden of the Plaintiff.

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