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(영문) 서울중앙지방법원 2016.08.11 2015가합566014
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that manufactures and sells textile products and services incidental thereto. The defendant is a company established under Japanese law, and mainly imports textile products such as clothing in Korea and sells them in Japan.

B. On September 2010, the original Defendant entered into a production consignment agreement, such as clothes, etc. (hereinafter “instant agreement”) and supplied clothing, etc. to the Defendant by April 201.

C. From May 2012, the Plaintiff’s representative director C and directors D purchased the clothing at the same place in Dongdaemun-gu from May 2012 to transfer the clothing price to the Plaintiff’s name bank account in Japan, the Defendant, who sold in Japan, carried out a prompt remittance business that enables merchants to pay the clothing price by withdrawing it and delivering it to E who helps the Defendant’s work in Korea.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion is obligated to pay the Plaintiff the amount of KRW 271,292,617, ② the loan 100,000,000, ③ the SNP (Goods) storage charge amounting to KRW 67,60,000, ④ the CNP cost of KRW 8,00,000, ⑤ the international home delivery cost and Kwikset, ⑤ the transport cost of KRW 463,892,617, the sum of KRW 182,023,80,00,000, and the delay damages amounting to KRW 281,868,817.

B. We examine whether there is a claim equivalent to KRW 281,868,817 against the Defendant by the Plaintiff, and the testimony by the witness F, who seems to correspond thereto, is not believed, but is not sufficient to recognize it solely with the descriptions of evidence Nos. 1, 2, 4, and 84, and there is no other evidence to acknowledge it.

Rather, according to the evidence mentioned above, the original Defendant.

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