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(영문) 서울중앙지방법원 2019.06.26 2018가합538508
물품대금
Text

1. The Defendant is 15% per annum with respect to KRW 604,919,868 and the said amount to the Plaintiff from May 12, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. The status of the parties is a company with the purpose of manufacturing and selling construction machinery such as forkin tea, etc., and the defendant has been engaged in export agency business after being supplied with cars for export by the plaintiff for the purpose of manufacturing, wholesale, retail, export and import, etc.

Meanwhile, C (C; hereinafter “C”) is a corporation Vietnam, which entered into a contract on the import and sale of construction machinery between the Plaintiff and the Plaintiff, and imports construction machinery from the Plaintiff.

B. On November 17, 2017, the Plaintiff entered into a contract with the Defendant to supply 10 U.S. dollars 216,892 (Korean Won 238,342,618) up to November 21, 2017, and to be paid the price by November 20, 2018. ② on November 21, 2017, the supply price was 207,282 US dollars 207,282 (Korean Won 225,569,484 Won 206.7.7.7.7.7.7.7.7.7.16.6.7.7.7.7.15.6.7.7.7.7.7.7.7.7.7.15.25.7.7.

(hereinafter “instant sales contract”). C.

On November 14, 2017, the Plaintiff: (a) held a meeting on November 14, 2017, 2017 and drafted “Metling Note” (hereinafter referred to as “instant consultation”), such as the following page, in order to resolve the problem when the amount of supply was overdue for the Plaintiff of the Vietnam Corporation C; and (b) held a meeting on November 14, 2017, which is a representative director of the Defendant, D and D’s employees.

At the time, the above consultation letter was signed by F managing director representing the plaintiff and D representing the defendant respectively.

The defendant remitted the sales proceeds to the plaintiff on November 30, 2017, USD 270,000.

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