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(영문) 서울북부지방법원 2016.11.16 2014가합24390
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 156,737,564 and Defendant A with respect thereto from March 14, 2015, and Defendant B.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of amnesty, painting and Maratando, retail and dismissal, textile manufacturing and export/importing, etc. The Defendants, as married couple, completed business registration under the name of the Defendant B, and operated C together.

B. The Plaintiff received an order from the Defendants from around March 2012 to March 2013 to supplied original intent to a company designated by C or C. As of March 21, 2013, the amount not settled out of the amount of goods supplied by the Plaintiff to the Defendants in Korea is USD 30,718.16.

C. On May 30, 2012, the Plaintiff received an order from the Defendants to USD 111,086.64 ordering the CDA 35,834.04kg (i.e., 17, 917.20km x 2 container) from the Defendants, and supplied the said goods to Mexico Company D, designated by the Defendants, around June 22, 2012.

On November 2, 2016, the date of the closing of the instant argument, the base exchange rate of transaction per US$ 1,144.00 as of November 2, 2016 is 1,14.00

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, 9 through 13, 15, 18, Eul evidence 1 and 2, witness E's testimony and the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendants primarily filed a claim did not pay KRW 31,317,164 out of the price for the CD 16 CDs supplied to the Plaintiff. ② On June 22, 2012, according to the Defendants’ order, the Plaintiff did not pay KRW 125,420,400 for the amount of two CDs transported from Pakistan to Mexico on or around June 22, 2012. The Defendants jointly and severally liable to pay the Plaintiff KRW 156,737,564 (=31,317,164 won) and damages for delay.

B. In relation to paragraph (2) of the conjunctive Claim, if the Defendants were to have ordered only one CD 17 container quantity (17,917.20kg), the Defendants did not pay KRW 62,710,200 to the total amount of 17 CD of the container ordered to the Plaintiff, and the remaining amount of 17 CD of the container quantity for which the order was not ordered.

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