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(영문) 서울고등법원 2017.08.23 2016나2087177
물품대금
Text

1. Of the judgment of the first instance court, the Defendants were jointly and severally liable to the Plaintiff for KRW 2,870,577 and Defendant A with respect thereto on March 2015.

Reasons

1. Basic facts

A. The Plaintiff has its head office in the Seoul Northern-gu Dobong-ro 328, 1119 (dong, Doll Building), the purpose of which is to manufacture and export and import of cotton yarns, chemical paintings, and Dogratans, and textile products and textile products, as companies engaged in export and import business, and as companies.

B. The Defendants are married couple, and the name of Defendant B was “C” on March 27, 2002, and the location of the location was “F apartment, 101 Dong 1103, Busan-gu, Busan-do and 1103,” and registered the business and operated C together, and closed the business on December 31, 2012.

C. The Plaintiff received an order from the Defendants from around March 2012 to March 2013, and supplied original intent to the Defendants (C) or to Mexico designated by the Defendants. If the Defendants sent the order to the Plaintiff without preparing a separate contract, the Plaintiff issued a tax invoice in accordance with the content of the order, sent the original container to the place designated by the Defendants, and received the original price from the Defendants.

The base exchange rate per US dollars 1 (hereinafter referred to as "cost exchange rate") is KRW 1,101.50 on May 2, 2013, and KRW 1,108.60 on September 3, 2014, which was around the time of the instant lawsuit, around September 3, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The amount of money paid for the goods related to the 16 CDs domestically supplied is indicated as USD 30,718.16 (hereinafter “$”) up to March 21, 2013, in which the Plaintiff loaded 16 CDs in Korea upon the request of the Defendants for the supply of raw materials from the Defendants and transported them to Mexico companies designated by the Defendants.

As such, the Defendants are jointly and severally liable to pay to the Plaintiff 31,317,164 won of the goods converted at the exchange rate of USD 3,000 on September 3, 2014 and damages for delay thereof (the Defendants are jointly and severally liable for joint operators of C).

(b)..

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