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1. Defendant B Co., Ltd. shall pay to the Plaintiff USD 188,00 in U.S. dollars and its amount from November 24, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a company established in accordance with the Chinese law for the purpose of exporting raw materials for drugs. The Defendants are companies established in accordance with the Korean law for the purpose of exporting raw materials for drugs.
B. On June 23, 2016 and July 5, 2016, the Plaintiff supplied Defendant B, Inc., a drug material equivalent to USD 188,00 in total in U.S. dollars on two occasions.
【Defendant B: Confession (Article 150(3) of the Civil Procedure Act) Defendant C: The fact that there is no dispute, each entry of evidence Nos. 1 through 4, and the purport of the whole pleadings
2. Determination as to the claim against Defendant B
A. The Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is obvious from November 24, 2017 to the day of full payment, on the record that the Plaintiff is the day after the delivery of a copy of the complaint of this case, which is the sum of USD 188,000 in the total amount of each of the above pharmaceutical ingredients and the following day of each supply.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);
3. The judgment on the claim against Defendant C Co., Ltd. is established in accordance with the Chinese law, and the plaintiff established in China whose principal office is located in China is seeking the price for raw materials for pharmaceutical products against the above Defendant. With foreign elements, the governing law is determined by the Private International Act. Article 25(1) of the Private International Act provides that the contract shall be governed by the law chosen explicitly or implicitly by the parties, and the plaintiff and the Defendant C Co., Ltd agreed on the governing law applicable to this case at the seventh date for pleading, so the Korean law is the governing law
A. The actual manager E of Defendant B, the Plaintiff’s assertion, is aimed at evading the above Defendant’s existing debt.