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(영문) 춘천지방법원강릉지원 2015.08.11 2014가단51
물품대금반환
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 73,358,400 and Defendant B with respect thereto from March 1, 2014; and Defendant C with respect to the same.

Reasons

1. Basic facts

A. The plaintiff is engaged in the anchor processing business with the trade name called E in Gangnam-si D, and the actual operation of which is the plaintiff's husband F.

B. On June 25, 2011, Defendant B ordered 23,485,000 won for double-processed machines, which were non-processed machines, to G, and sent the content to F by e-mail.

On July 4, 2011, the Plaintiff paid KRW 23,085,00 to G, purchased one of the double renunciations, and sent it to Chile. Defendant C who actually operates H Co., Ltd. in Chile used the said machinery.

C. On August 24, 2011, Defendant B ordered G to 46,860 US dollars (Korean Won 44,600,000) for the machinery, including one of three double abandonments (Korean Won 44,600,000). On September 5, 2011, the Plaintiff paid KRW 44,60,000 to G, and sent the machinery, including one double abandonment, to Chile, and Defendant C received and used the said machinery.

On September 20, 2011, the Plaintiff drafted a contract with Defendant C and “E to prove that the settlement of USD 64,095 ($ 67,685,000 / exchange rate of KRW 1,056) ($ 67,685,00) for machinery released from H Co., Ltd from July 201 to September 20, 201 is to deduct USD 3,000 per container from the purchase price for raw materials imported from H Co., Ltd.

E. On September 30, 201, October 10, 201, and May 11, 2012, and August 22, 2012, the Plaintiff was supplied with raw materials for cooking processed food from Chile. The price was 17,010,000 won.

F. On September 3, 2012, the Plaintiff transferred USD 20,000 (Korean Won 22,638,400) to the deposit account of H Co., Ltd.

G. On April 16, 2013, the Defendants prepared and delivered a letter of payment (Evidence A 4) with the following content to the Plaintiff.

The statement of payment: USD 20,000 US dollars 20,000: 1) The goods to be remitted and administered to the Chile factory of the above goods, and 2) the deposit will be made by the end of June 2013 in preference to cash remittance, and the remaining payment for the settlement of the 3 machinery cost shall be made.

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