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(영문) 수원지방법원성남지원 2016.11.01 2016가단212875
잔부금 청구의 소
Text

1. The Defendant’s KRW 63,467,813 as well as the Plaintiff’s 6% per annum from September 1, 2014 to November 1, 2016, and the following.

Reasons

1. Basic facts

A. According to a contract with the Defendant for the supply of goods, the Plaintiff supplied the Monobur to the Defendant from January 2013 to July 2014.

B. In order to seek the payment of the price of the above goods, the Plaintiff filed a lawsuit seeking KRW 100,000,100 as part of the price of the above goods with Sungwon District Court Sung-nam Branch 2015 Gohap200131, and damages for delay thereof.

C. In the above lawsuit, the said court rendered a judgment citing the Plaintiff’s claim on November 11, 2015, stating that “The Defendant is obligated to pay USD 143,048 to the Plaintiff and damages for delay from September 1, 2014.”

On July 20, 2016, the appellate court (Seoul High Court 2015Na2069622) declared that the defendant's appeal was dismissed on July 20, 2016.

(B) The defendant filed a final appeal against the above appellate judgment and withdrawn the final appeal. (D)

Based on the above judgment, if the remaining price of the goods that the plaintiff received as a result of the above judgment is calculated as KRW 1,119.5 at the exchange rate, it shall be KRW 63,467,813 as follows.

1) Total goods price to be paid by the Plaintiff: USD 143,048 ($ 143,048) - USD 100,00,100, which is the amount to be paid by the Plaintiff by the previous judgment at the time of the previous case: USD 86,355 ($ 86,355), USD 86,355 x 100,000 x 1,158 won at the time of the closing of argument in the previous appellate case ± 56,693 x USD 56,693 x 143,048 - USD 86,3554) - The balance of the goods price which the Plaintiff had not received by the previous judgment at the exchange rate at the time of the present case - USD 63,467,813,467,813 x 165 x 1365 x 196 x 15 x 5196 x 5 15 x 194 x

2. Determination.

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