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Reasons
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(영문) 서울북부지방법원 2017.08.29 2017가단103938
약정금
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1. The Defendant’s 108,000 US dollars and 5% per annum from November 6, 2016 to August 29, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 21, 2014, the Plaintiff concluded a contract for the supply of goods with the content that the Defendant would open and receive USD 104,671 for total contract amount of USD 8,00,000 on the part of the Defendant. The Plaintiff agreed to deduct USD 7,111 from the contract amount on the ground that the Defendant would not be able to receive the price under the credit.

B. On November 27, 2014, the Plaintiff remitted USD 50,000 to the Defendant, and transferred USD 47,560 to the Defendant on January 25, 2015.

C. However, the defendant did not ship the plaintiff's main goods after loading them.

On August 17, 2015, the Defendant promised to return USD 20,000 to the Plaintiff, USD 30,000 in September, and USD 47,60 in October.

However, on November 11, 2015 and January 5, 2016, each of USD 5,000 was returned to 10,000.

E. Accordingly, the Defendant once again to the Plaintiff, USD 20,000 on March 31, 2016, and the same year

4. 30.20,000 dollars, each year.

5. 31. 20,000 dollars, each year.

6. An agreement was made to return USD 30,000.

F. However, on June 20, 2016, the Defendant: USD 5,000 on June 21, 2016, and the same year to the Plaintiff.

7. 5. 20,000 dollars, each year;

8. 5.20,000 dollars, each year.

9.5. 35.00 US dollars was returned, and an agreement was made to pay USD 20,000 in addition to the damages due to delay.

G. The Defendant: USD 5,000 on June 21, 2016, and the same year to the Plaintiff.

9.1.1. 7,000 dollars were paid.

[Evidence of Evidence] A without dispute, entry of Evidence A No. 13 and the purport of the whole pleadings

2. The Defendant is obligated to pay USD 120,000 to the Plaintiff according to the payment agreement on June 20, 2016, however, USD 5,000 on June 21, 2016, and the same year.

9. 1. 7,00 US dollars was paid to the Plaintiff. Accordingly, the Defendant shall pay the Plaintiff 108,000 US dollars and 5% interest per annum from November 6, 2016 to August 29, 2017 and 15% interest per annum from the next day to the date of full payment.

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