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(영문) 서울중앙지방법원 2015.08.28 2014가합504224
물품대금
Text

1. The Defendant’s KRW 123,449,00 for the Plaintiff and 6% per annum from October 28, 2013 to February 17, 2014.

Reasons

1. Basic facts

A. On October 3, 2013, the Plaintiff sent the clothing equivalent to USD 69,100.94 to the Defendant via a ship on October 3, 2013 according to the Defendant’s order. The above clothing was cleared through customs on October 24, 2013.

On October 25, 2013, the defendant entered the above clothing into the defendant's warehouse.

B. On October 12, 2013, the Plaintiff sent the clothing equivalent to USD 47,196.48 to the Defendant via the aircraft, according to the Defendant’s order, and the above clothing was cleared on October 14, 2013.

On October 14, 2013, the Defendant entered the above clothing into the Defendant’s warehouse.

(hereinafter referred to as the “instant clothing” by including the clothing put into two times.

16,297.42 US dollars 116,297.42 (=69,100.94 US$ 47,196.48) is 136,114,500 won per US$170.4 won as of July 24, 2015, which is the date of closing the argument of the instant case (=116,297.42 US$ 116,297.42 + 1,170.4 won, and 1,170.4 won and 1,170.40 decimal).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 20, Eul evidence 21, the purport of the whole pleadings

2. Inasmuch as the Plaintiff was a foreign corporation established at the time of Bangladesh, this case constitutes a legal relationship with foreign elements.

Article 25(1) of the Private International Act provides that “a contract shall be governed by the law chosen explicitly or implicitly by the parties.” Since the fact that the law applicable to this case is the law of the Republic of Korea does not conflict between the parties, the governing law of this case is the

On the other hand, Article 6 of the Constitution provides that "any treaty entered into and promulgated by the Constitution and any generally accepted international law shall have the same effect as domestic law," and the Republic of Korea has entered into the United Nations Convention on Contracts for the International Sale of Goods adopted on February 17, 200 by the United Nations (UNFCCC) on April 11, 1980, as the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the "Convention for the International Sale of Goods"), so the Convention for the International Sale of Goods (hereinafter referred to as the "Convention").

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