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(영문) 서울남부지방법원 2017.01.19 2016가합102116
물품대금
Text

1. The Defendant’s 137,130 US dollars and 5% per annum from December 8, 2015 to March 24, 2016 to the Plaintiffs.

Reasons

Facts of recognition

The plaintiffs are those operating a wholesale business and export business (WHLESAE and EXPRING) with the trade name "C" in California, California, California, Inc., and the defendant aims at the development, manufacture, and export and import business of satellite broadcasting carriers.

The Defendant received orders for the supply of a video-explosive machine (A15-MH124 2, A15-M1375, A15-MH1395) from D and D, and entered into a contract on March 2015 between the Plaintiffs and the Plaintiffs to supply the said equipment from U.S. manufacturers.

The Plaintiffs sent a written estimate on the payment method of USD 195,90 for the goods price to the Defendant that 50% of the 50% price for the goods must be paid in T/T ADVE, and 50% of the 58,770% price among the 30% price for the goods. The Plaintiffs agreed to receive 58,770 U.S. price for the goods between the Defendant and the Defendant, and the remaining US$ 137,130 by T/TINDCE prior to the shipment.

On August 17, 2015 and August 25, 2015, the Plaintiffs received delivery of the completed goods from the U.S. manufacturer, and notified the Defendant of the fact that the goods are entirely and entirely carried out to the Defendant, and thus, the Plaintiffs notified the Defendant of the fact that the payment of the remaining goods is demanded.

After that, the Defendant received a request from the Plaintiffs for the payment of goods on several occasions until December 7, 2015, but did not receive money from D&C, a ordering company, and did not pay the price of goods to the Plaintiffs.

【In light of the above-mentioned facts, Gap 1-10 evidence, and the purport of the entire pleadings, the plaintiffs completed preparation for shipping the goods ordered by the defendant. Thus, the defendant limited US$ 58,770 to US$ 137,130 to the plaintiffs according to the goods supply contract with the plaintiffs, and the remaining US$ 137,130 to this.

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