logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2015.12.09 2014가합4163
물품대금
Text

1. The Defendant’s year from December 20, 2014 to September 30, 2015 to USD 1,290,387.56 to the Plaintiff.

Reasons

1. The defendant is a corporation of the United States of America, and this case constitutes a case with foreign elements.

Article 26 (1) of the Private International Act provides that if the parties concerned have not determined the applicable law, the contract shall be governed by the law of the country most closely related to the contract.

This case is a case seeking the payment of goods that the plaintiff manufactured in the Republic of Korea and supplied to the defendant that is a U.S. corporation.

Therefore, the plaintiff's claim of this case must be determined by Korean law.

2. The Plaintiff entered into a contract to manufacture and supply ice rinks to the Defendant, and thus, supplied the Defendant with a new contract. However, the Defendant did not pay USD 1,290,387.56, out of the total amount of the new contract supplied from January 5, 2014 to April 17, 2014, the fact that the Defendant did not pay USD 1,290,387.56, is deemed to have led to the confession of the Defendant under Article 150(3) of the Civil Procedure Act.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 1,290,387.56 US dollars and 20% interest per annum from December 20, 2014 to September 30, 2015 under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings and 15% interest per annum from the next day to the date of full payment.

(2) The legal interest rate of 20% per annum under the previous provision until September 30, 2015, and 15% per annum under the amended provision from October 1, 2015, pursuant to Article 2(2) of the Addenda of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings amended by Presidential Decree No. 26553, Sept. 23, 2015, respectively, shall apply to each legal interest rate of 15% per annum from September 30, 2015. Thus, the Plaintiff’s claim is without merit.

arrow