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(영문) 서울중앙지방법원 2015.11.05 2015가단5009489
물품대금
Text

1. The Defendant’s KRW 72,952,269 as well as the Plaintiff’s annual rate from January 30, 2015 to November 5, 2015, and the following.

Reasons

1. Assertion and determination

A. 1 Determination as to the cause of the claim is without any dispute between the parties; in addition to the entries in Gap evidence 1 through 4; Gap evidence 6-1, 2, and Gap evidence 7-9, the purport of the entire pleadings, the defendant may recognize the fact that the defendant received orders from the plaintiff as follows (1) through (3) and received orders from the plaintiff; ① around November 12, 2013, the order number of poly EJD-131020, which was requested as "MJD-13020" (hereinafter referred to as "the primary sale of this case").

(2) On January 7, 2014, the order number “MJD-140006C-1” and the subsequent 11 kinds of textile products requested to be supplied by an additional order (hereinafter “trade in this case”) are the secondary sales of this case.

③ Test products equivalent to US dollars 3,687.53 (hereinafter “instant prototype”)

(2) Meanwhile, the Plaintiff received US dollars 754.70 as the price for the goods for the first sale of this case, and US$ 41,282.70 as the price for the goods for the second sale of this case. The fact that the Plaintiff shall deduct US dollars 1,018.80 from the price for the goods for the first and second sale of this case in relation to the defects of the goods sold by the Plaintiff to the Defendant (the original order number “MJD-1305020” and “MJD-1305070”; hereinafter the above order sale “former 1,200”) in relation to the defects of the goods sold by the Plaintiff to the Defendant is the Plaintiff.

3) Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount calculated by converting the price of the instant first and second sale and the price of the goods unpaid in relation to the instant product (i.e., 6,562.29 U., U.S. dollars 6,004.70 (i.e., 6,004.70) for the second sale of the instant product (i.e., 9,171.56 U., 171.53 U.S. dollars 3,687.53 - 41,282.70 U.S. dollars - 1,0182.80 U.S. mutual aid money) into Korean Won as the Plaintiff seeks. (ii) The Defendant’s assertion 1) is the summary of the Defendant’s assertion.

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