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(영문) 수원지방법원성남지원 2017.12.08 2016가합203007
물품대금
Text

1. The Defendant’s amount of USD 169,468 in U.S. dollars and its amount shall be annually from June 3, 2011 to June 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff has its head office in Hasheman only, and has a branch office "Al-Faiha Common Ltd. hereinafter "the Plaintiff's branch office" in Libya State.

B. The Defendant, as a company engaged in civil engineering and construction business, carried out construction works for apartments in the self-defense of the Libya country and the Mabya region.

C. The Plaintiff branch received an order from the Defendant and supplied concrete additives to the above apartment construction site from around 2010.

On February 201, 201, Libybya had been launched.

Accordingly, the defendant suspended the above apartment construction work, and completed it in the Libya State around February 28, 201.

E. On June 2, 2011, the Plaintiff notified the Defendant of the purport that “The balance of the goods unpaid by the Defendant is USD 213,530 ($ 169,468).” Thus, the Plaintiff paid the said money prior to the possible date.”

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 13, 15 through 30, Eul evidence 1, 3, 4, 6 through 10 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion 1) The Defendant did not pay USD 169,468 as of February 2, 201, among the price for the goods supplied by the Plaintiff’s branch, and the Plaintiff acquired the claim for the price for the goods unpaid from the Plaintiff’s branch. Therefore, the Defendant must pay USD 169,468 as well as damages for delay to the Plaintiff, the assignee of the claim. (2) Since 2011, the Plaintiff continuously requested the Defendant to pay the price for the said goods, but the Defendant did not comply therewith.

On July 2, 2014, the Plaintiff appointed a law firm (hereinafter “Alili Zu”) located in the Republic of Korea (hereinafter “Ali Zu”) and requested the process of collecting the cost of goods, etc., and requested the said law firm to perform the process of collecting the cost of goods.

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