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(영문) 서울중앙지방법원 2014.03.13 2013가단178577
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 50,586,759 and the interest rate of KRW 20% per annum from July 20, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of wholesale and retailing of fiberss, and the Defendant (which changed from the original trade in the form of a stock company to February 8, 2012) is a company that runs the clothing processing business.

B. Before trading with the Plaintiff, the Defendant was supplied with the goods from the U.S. S. S. S. S. Co., Ltd. (hereinafter “S.”), and the Plaintiff had the outstanding claim against the non-party company.

C. On October 27, 2011, the Plaintiff acquired a claim for the amount of money equivalent to KRW 272,746,750 against the Defendant of the non-party company among the contracts entered into between the Defendant and the non-party company.

On October 31, 2011, the Plaintiff and the Defendant drafted a performance memorandum (Evidence A7; hereinafter “instant performance memorandum”) as follows:

1. On October 28, 201, the Defendant shall pay to the Plaintiff after deducting the primary and secondary salt coloring charges from the notice of transfer transfer received by Dae Young-si C&C on October 28, 201.

2. The defendant and the plaintiff will make a decision on the subsequent contractual portion by mutual agreement.

3. The Plaintiff is obliged to assume all legal responsibilities arising from the Defendant’s notification of the transfer to another person notified by Daeyoung C&C.

On November 30, 2011, the Plaintiff prepared and issued the following certificates (hereinafter “instant certificates”) to the Defendant:

We undertake to accept, in accordance with the mutual performance note drawn up on October 31, 201, all the following amounts and to assume all the legal responsibilities arising from the transfer and receipt of claims:

1. Transfer amount of bonds: 272,746,750 won;

2. Amount deducted from the 1st and the second mar chlogram chlograms pursuant to paragraph (1): 67,493,780 won.

3. Amount paid from the defendant: 205,252,970 won (including the value-added tax; hereinafter referred to as “the acquisition amount of this case”) - Amount unpaid from the defendant and the non-party company, the non-party company, the original supply 1, and the second supply .

4. In the amount referred to in paragraph 3. above, tax invoices shall be issued by us.

5.The amount to be paid under the above 3.3.

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