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(영문) 대구지방법원경주지원 2020.01.10 2019가합135
물품대금
Text

1. The Defendant’s KRW 91,962,208 as well as KRW 5% per annum from May 1, 2019 to June 12, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. On March 10, 1999, the Plaintiff was established for the purpose of plastic processing business, etc., and was engaged in the business of purpose C in racing-si.

B. On March 7, 2009, the Plaintiff concluded an export contract with D Limited Company (DCO, LTD, hereinafter “D”) and D to sell TPP-220 (PP-220 (Plymers) at USD 1 1 km per 1 kilogram, but the ordering unit is based on 20t (40EA) once, and the price for goods shall be paid to the bank designated by the seller at the end of the month of shipment, and the contract for re-contracts at one year.

After that, on March 7, 2010 and March 7, 2011, the Plaintiff and D concluded a re-contract with the same content as the export contract of this case (the contract period is one year, respectively).

(hereinafter referred to as “instant export contract”) c.

By February 17, 2018, the Plaintiff supplied D goods according to the instant export contract. D.

D on June 1, 2018, under the instant export contract, sent to the Plaintiff a “D payment planning document” document (hereinafter “instant payment plan document”) stating that USD 359,132.71 will be paid in the aggregate of the prices of goods in January 2016, January 2017, July 8, 2017, October 11, January 2018, and February 2018, from July 2018 to February 2019.

However, the Defendant stated in the instant payment plan in writing that “I will cooperate with the Defendant so that the contents of the award can be carried out faithfully,” and signed next thereto.

E. On September 21, 2018, the Defendant made every effort to pay 120,000,000 won for the goods to be paid to D in China E Limited (hereinafter “E”) (based on the basis of the official questioning of E 2018-08-10) to the Plaintiff, and if D fails to perform, indicated as the payment deadline from September 201 to April 2019.

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