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1. The Defendant’s 275,415 US dollars and 6% per annum from November 18, 2016 to May 25, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant is a company that imports bedclothes and sells them to the Republic of Korea. The Plaintiff is a company that operates a sales business for the goods sold for display by the Defendant upon receiving an order for a bit lease and then engages in the sales business for the exported goods.
B. From February 2016, the Plaintiff entered into a contract with the Defendant to sell the goods sold for display, and accordingly, supplied the Defendant with the goods sold for display in the amount of USD 702,700 over twenty-five times from February 15, 2016 to November 18, 2016.
C. Before the filing of the instant lawsuit, the Plaintiff filed the instant lawsuit against the Defendant, and expressed his/her intent to rescind the remainder ($ 361,625, U.S. dollars), excluding USD 361,625, which was already paid under the instant contract for the supply of the said exhibits on the ground of the Defendant’s nonperformance of obligation by filing the application for modification of the purport of the claim and the cause of the claim on July 17, 2017.
On the other hand, as of the date of the closing of argument in this case, the defendant shall dispose of the above US$ 341,075 to the third party, and the amount equivalent to US$ 50,000 has already been returned to the plaintiff, and the remaining amount shall be possessed by the articles in the attached list equivalent to US$ 15,660.
[Reasons for Recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings
2. According to the facts of the determination as to the cause of the claim, the remainder, other than USD 361,625, which was already paid, out of the contract for the supply of the goods for exhibition concluded between the Plaintiff and the Defendant, shall be deemed to have been lawfully rescinded by the Plaintiff’s declaration of intent to cancel the claim and the cause of the claim filed on July 17, 2017 due to the Defendant’s nonperformance of obligation.
Therefore, the defendant shall restore the plaintiff to its original state upon cancelling the above supply contract.