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(영문) 서울남부지방법원 2017.05.26 2015가합108773
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 73,093.4 and its amount from February 4, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that manufactures parts, etc. entering the cutting section (hereinafter “instant parts”). The Defendant is a company established by C, working as the head of the Plaintiff’s business, to engage in the business of supplying and selling the instant products from the Plaintiff.

B. From January 19, 201 to December 5, 2012, the Plaintiff supplied the instant parts to the Defendant’s branch and sold them to its customers, etc., and received the goods price from the Defendant to US dollars (hereinafter “second transaction method”), and there is a claim for remainder of USD 153,179.16 in total.

C. After that, from January 25, 2012 to August 31, 2014, the Plaintiff supplied the instant parts to the Defendant and sold them to Chinese customers, etc. and received the price of the goods from the Defendant in Korean currency (hereinafter “Class 1 transaction method”; in relation to each of the above transaction methods, the “instant goods supply contract” refers to “Class 2 transaction method” as “CASE” and “Class 1 transaction method” as “No. 1 CASE”; thus, unlike time prior to and after 2014, the Plaintiff treated KRW 1,593,058,282 won in total against the Defendant (i.e., KRW 1,57, KRW 208, KRW 468, KRW 4686, KRW 2886, KRW 2086, KRW 289, KRW 4686, KRW 2888, KRW 2986, KRW 2086, KRW 2896, KRW 2886, KRW 296368686,1686,286486.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4 include each number, unless otherwise specified.

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