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(영문) 대구지방법원경주지원 2016.01.12 2015가단12317
물품대금
Text

1. The Defendant’s KRW 20,100,000 and the Plaintiff’s annual rate of KRW 6% from July 4, 2014 to December 17, 2015.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1-1, 2, 2-2, and 3-7 of the evidence Nos. 1-1, 2-2, and 7 as to the cause of the claim (including the fact that there is no dispute between the parties or is not clearly disputed). The Plaintiff, May 29, 2014, sold to the Defendant a price of 10,600 tons for the goods at USD 87 per ton; accordingly, the Plaintiff’s completion of the delivery of the goods and the inspection of the goods on July 3, 2014.

The Plaintiff received $343,090.18 US dollars in total from July 2, 2014 to October 3, 2014 from the Defendant and received USD 20,000,000 on August 28, 2014, and KRW 30,700,000 on August 27, 2014. The Plaintiff is a person who received KRW 20,000,000 from the Defendant at the rate of exchange (trade standard)/3,00,000 on August 28, 2014 (Won) = 19,718,000 US$30,308,30.36,30,30,000 US dollars in total at the time of repayment, and the Plaintiff received USD 30,307,304,307.30,306,307,304.30,07 US dollars in total from August 27, 2014 (Won).

Therefore, the defendant is obligated to pay to the plaintiff 529,15.66 dollars remaining 393,084,00 dollars excluding USD 922,200 ($10,600 x USD 87) paid to the plaintiff as part of the purchase price of the goods at 922,200 = 619,594,437 Won converted from 1171.00 won to 619,594,437 Won, and damages for delay calculated annually from July 4, 2014 to July 27, 2015, the delivery date of a copy of the application for the amendment of the claim of this case from July 27, 2015 to 15.5% of the annual interest rate prescribed by the Commercial Act.

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