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(영문) 서울중앙지방법원 2019.09.04 2018가합563139
물품대금
Text

1. The Defendant: (a) KRW 289,221,942 for the Plaintiff and the Plaintiff’s KRW 6% per annum from June 1, 2017 to September 21, 2018; and (b) September 22, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established under the Hong Kong law, and the Defendant is a domestic company established for the purpose of clothes manufacturing and distribution business.

B. From around 2013, the Plaintiff purchased goods from China and Korea to the Defendant, supplied the Defendant’s headquarters and Hong Kong Branch, and received 10% payment from the Defendant, and subsequently agreed to raise the goods supply fee to 20%.

(hereinafter “instant commodity supply contract”). C.

From around 2016, the Defendant began to delay the payment of the price for goods and the fee for supplying goods to the Plaintiff. As of the end of April 2017, the sum of the price for goods and the fee for supplying goods that the Defendant did not pay to the Plaintiff is KRW 496,251,796.

On May 31, 2017, the Defendant remitted USD 1,463,315 to the Plaintiff’s Hong Kong Bank account as part of the goods price and the goods supply fee.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. According to the above facts, the Defendant stated to the Plaintiff the amount of unpaid goods and the commission for the supply of goods under the instant contract 289,221,942 (i.e., USD 496,251,796 - USD 207,029,827 - USD 1,463,463,315.15 x USD 141.48 / Hong Kong and approximately KRW 141.48 / Hong Kong (as the Plaintiff seeks, the Defendant’s partial repayment date, as of May 31, 2017, the exchange rate of USD 137.35 / Hong Kong, which is higher than the Plaintiff’s exchange rate as of August 30, 2017 (in the instant complaint, “the date of August 30, 2018,” but it is apparent that it is a clerical error) as of August 30, 2017.

In addition, from June 1, 2017 to September 21, 2018, the delivery date of a copy of the complaint of this case from June 1, 2017 to September 21, 2018, 15% per annum prescribed by the Commercial Act, from September 22, 2018 to May 31, 2019, and from June 1, 2019 to the day of full payment of the complaint of this case, the special law on the promotion of litigation, etc. is prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

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