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(영문) 부산지방법원 2014.04.11 2013가합19116
물품대금
Text

1. The Defendant’s KRW 105,607,702 for the Plaintiff and KRW 6% per annum from October 29, 2013 to April 11, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that manufactures and sells synthetic resin, synthetic resin machinery, and other industrial machinery, and the Defendant is a corporation that manufactures and sells synthetic resin.

B. The Plaintiff’s continuous transaction relationship with the Defendant regarding the supply of synthetic resin, 2010

3. 23. 23. Supply of synthetic resin 5,127,918 won in Korean won and USD 148,939.20 in U.S. dollars (hereinafter “$”), PCHN1064, etc.

C. Continuous transaction of synthetic resin between the Plaintiff and the Defendant was terminated on March 2010.

Meanwhile, the Defendant: (a) USD 30,000 on August 1, 2011, USD 5,127,918; and (b) USD 30,000 on May 4, 2012; and (c) USD 10,000 on May 13, 2013; and

7.2.2. 10,000 dollars are paid, and the Plaintiff’s claim for the purchase price of goods remains USD 98,939.20 [$ 148,939.20 - USD 30,000 ($ 10,000)];

[Reasons for Recognition] Facts without dispute and purport of whole pleading

2. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant constitutes a contract under which the amount of claim for the goods price of USD 105,607,702, above 98,939.20, the remainder of which was paid to the Plaintiff as above, is designated in a foreign currency and shall be paid in a foreign currency, and thus, constitutes a foreign currency claim under Article 377 of the Civil Act. Thus, barring any special circumstance, the Defendant is KRW 105,607,702, which is converted into Korean currency with the rate of KRW 1,067.40, March 7, 2014, which is the date of closing the argument of the instant case (i.e., the exchange rate investigation of foreign exchange banks) (i., USD 98,939.20, USD 1,067.40, KRW 1

In this respect, there is an obligation to pay damages for delay.

[Plaintiff’s claim for payment of USD 98,939.20, the above USD 105,914,413 converted into won at KRW 1070,50,000,00,000, which was the base rate for sale and purchase of October 15, 2013, for which the Plaintiff applied for the instant payment order (i.e., USD 98,939.20, USD 1070.50), but the above goods payment claim constitutes foreign currency claims. However, the obligee exercised the right to substitute payment for foreign currency claims.

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