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(영문) 서울중앙지방법원 2020.11.25 2019가단5312794
물품대금
Text

1. The Defendant’s KRW 51,855,732 to the Plaintiff and its related KRW 6% per annum from December 3, 2019 to November 25, 2020.

Reasons

1. Facts of recognition;

A. From April 10, 2017, the Plaintiff, a national company, is the same year.

7. By up to 14.00 U.S. dollars 212,311.10 in total to the Defendant.

A significant amount of writing has been supplied.

B. On July 29, 2019, the Defendant paid USD 192,040.10 to the Plaintiff, USD 50,000 on September 10, 2019, and USD 50,000 on October 10, 2019.

[Evidence] Facts without dispute, entry in Gap evidence 1 to 12 (including provisional number), the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion was as of July 20, 2019, the Defendant owed to the Plaintiff 25,477.33 dollars 212,311.10 and 25,477.33 dollars 237,788.43 in total (i.e., USD 212,311.10 and USD 0.06 x 2 years) with respect to the price of the goods and the price of the goods ($ 212,311.10 US$ 25,477.33). Among them, the Defendant owed to the Plaintiff 192,040.10 US dollars 192,748.33 US dollars 237,788.43 - 192,040.10 US dollars ).

B. The summary of the Defendant’s assertion 1) Won, the Defendant did not have any agreement on delay damages on the outstanding payment of the price of the goods, and did not pay damages for delay in practice. The Plaintiff agreed to deliver the written license to the Defendant by March 2017, and the Plaintiff did not deliver the written license to the Defendant by the first day of April 2017, and was supplied with the product on the ground that the Defendant would reduce the defective price in order to cancel the order.

Therefore, the plaintiff should reduce the amount of 20% of the goods price.

3 Since there is a defect equivalent to USD 13,190.0 until now among the goods supplied by the plaintiff, it shall be deducted from the price of the goods.

3. Determination of the applicable law;

A. The Plaintiff is a only national company, and this case constitutes a case with foreign elements, under the Private International Act.

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