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1. The Defendant shall pay to the Plaintiff KRW 528,472,263 and the interest rate of KRW 6.38% per annum from January 12, 2019 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures, sells, or exports electronic components established under the People's Republic of China Act, and the Defendant is a company that imports or sells electronic components established under the laws of the Republic of Korea.
B. Around 2014, the Plaintiff and the Defendant entered into a contract with the Plaintiff to receive the goods and pay the goods to the Plaintiff within a 90-day credit period upon the Plaintiff’s manufacture and shipment of electronic parts according to the Defendant’s order.
(hereinafter “instant contract”). C.
The Plaintiff supplied the Defendant with electronic parts equivalent to the 13,892,92, and 929.16 amount in total pursuant to the instant contract from February 28, 2014 to February 26, 2018, and the Defendant paid 10,67,008.37 out of the above amount to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 5, the purport of the whole pleadings
2. Determination of the applicable law;
A. On February 17, 2004, Korea acceded to the United Nations Convention on Contracts for the International Sale of Goods (hereinafter referred to as the “Convention”). According to Article 1(1) of the Convention, the Convention applies to a contract for the sale of goods between the parties whose place of business is located in each other.
The contract of this case is concluded between the plaintiff having a place of business in the People's Republic of China and the defendant having a place of business in the Republic of Korea, and the People's Republic of China also is a member of the UNFCCC.
However, with respect to matters not directly regulated by the UNFCCC, the governing law determined by the Private International Law shall be complementaryly applied.
(b) Articles 25(1), 26(1), 26(2)1, and 3 of the Private International Act shall be governed by the law chosen explicitly or implicitly by the parties, but if the parties have not selected the applicable law, the contract shall be the most.