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(영문) 서울중앙지방법원 2018.07.05 2016가단5205871
물품대금
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) USD 76,857.6 and its amount from June 18, 2016 to September 18, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person engaged in the textile manufacturing business with the trade name of B, and the Defendant is a company that urns clothes, etc., and C is a company that exports and imports the sealed clothing.

B. On April 28, 2016, the Plaintiff entered into an original supply contract (hereinafter “instant contract”) with the Defendant, one week from May 14, 2016 to one week, providing the Defendant with a total of KRW 176,100 per week via four weeks. The Plaintiff entered into the original supply contract (hereinafter “instant contract”) with a total of USD 1.6 (hereinafter “US”) calculated at USD 1.6 (hereinafter “U.S. dollars”) and KRW 281,760 (hereinafter “U.S. contract”).

In addition, the plaintiff and the defendant stated in the above supply order that "I shall take any additional measures without compensation after confirming that "I will take management without any sadging, and if you will take any additional measures after confirming it."

C. From May 13, 2016 to June 17, 2016, the Plaintiff supplied the Defendant with a total of KRW 176,286 campings.

In addition, the defendant paid USD 55,200 on May 26, 2016, and USD 50,00 on June 10, 2016 to the plaintiff. D.

After receiving the above original unit from the Plaintiff, the Defendant supplied them to C with the above original unit, and C paid USD 50,000 on July 19, 2016 and USD 50,000 on July 22, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 8 (including additional number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the principal claim, the defendant is obligated to pay to the plaintiff the amount of USD 76,857.6 [$ 282,057.6 (= USD 176,286 x 1.6) - USD 55,200 - USD 50,000 - USD 50,500 - USD 50,000 - KRW 50,000] as to this, from June 18, 2016 to September 19, 2016, the delivery date of a copy of the complaint in this case, from June 18, 2016 to September 19, 2016, the delay damages calculated at each rate of USD 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from the next day to the day of full payment.

3.

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