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(영문) 서울중앙지방법원 2020.05.13 2019가단5289061
물품대금
Text

1. The defendant shall pay USD 108,056.7 to the plaintiff 12% per annum from November 5, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff is a foreign corporation that sells vessel parts, etc., and the defendant is a domestic corporation that operates marine transportation brokerage business, etc.

B. The Plaintiff supplied the necessary vessel parts, etc. to the Defendant from several years before March 2019 to the Defendant, and was not paid a sum of USD 108,056.7 out of the price of the goods.

[Evidence] Facts without dispute, Gap evidence No. 1 (including each number), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of USD 108,056.7 and the damages for delay calculated at the rate of 12% per annum from November 5, 2019 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, to the day of full payment.

B. The Defendant’s assertion 1) In violation of the good faith principle, the Defendant asserted that the Plaintiff violated the North Korean Sanctions and Policy Enhancement Act of the United States (North Korea) (hereinafter “North Korean Sanctions Act”).

If the defendant pays the price of the goods of this case to the plaintiff, the defendant also has the risk of prohibiting transactions with an individual or organization of the United States, holding assets in the United States, imposing a fine, etc. under the North Korean Sanctions Act. The plaintiff's claim of this case requires the defendant to bear the risk that the plaintiff may incur, and thus, is in violation of the principle of good faith.

The fact that C is a vessel designated as a subject of sanctions under the North Korean Sanctions Act is not disputed between the parties, but the North Korean Sanctions Act, while the President, despite being aware of it to a person designated in accordance with the administrative order, shall participate in, contribute to, assist in, or provide funds, goods, or technical assistance, or goods and services.

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