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(영문) 대전지방법원 논산지원 2018.05.10 2017가단21148
집행판결
Text

1. On January 1, 198, between the Plaintiff and the Defendants, the District Court of California of the Republic of Korea (U.S.) of the Republic of Korea Branch of the District Court of California 16-

Reasons

1. Facts of recognition;

A. The Plaintiff is California company that is engaged in the design, manufacture, sale, etc. of fashion liquid products, including Ansan, and the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a Korean company that engages in the manufacturing, wholesale and retail business, etc., and the Defendant B is an internal director of the Defendant Co., Ltd.

B. On June 16, 2015, the Plaintiff received e-mail from Defendant B that “The Defendant Company has the highest skills in the production experience and field concerned for a period of 22 years, and may promptly carry out the manufacture, assembly, color, labelling, and supply of the product.” On July 9, 2015, the Plaintiff concluded a contract for manufacturing and supply with the Defendant Company.

Since then, the Plaintiff ordered the Defendant Company twice to make a sample production and paid USD 73,405 equivalent to 50% of the price (i.e., USD 56,275 to USD 17,130; hereinafter “unexplication”) to the Defendant Company. However, the Defendant Company did not perform its obligation under the above contract, such as delaying the delivery of sample.

C. The Plaintiff filed a lawsuit against the Defendants in connection with the support of the Southern District Court of California, the State of California, the District Court of the United States District for the compensation of damages. The Plaintiff filed a lawsuit against the Defendants on the part of the Defendants.

(hereinafter “instant California lawsuit.” On April 4, 2017, the said court rendered a judgment that “The Defendant would pay the Plaintiff interest after a judgment within the permissible range in Article 1961 of the U.S. Report No. 28 U.C. 28 U.S.C. 1961, the said judgment became final and conclusive.”

According to the average interest rate per share of government bonds with the maturity of one year publicly announced by the U.S. Federal Preliminary System Council as of March 26, 2017, Article 28 U.S., Section 1961 and the U.S. Federal Preparatory System Council, “interest after the judgment” in the above judgment shall be calculated at the rate of 1.03% per annum.

[Ground of recognition] Unsatisfy, A 1-3

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