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(영문) 인천지방법원부천지원 2016.09.01 2015가단29949
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the development of telecommunications and visual equipment, manufacturing, etc., and the Defendant is a company that aims at the sales business, such as communications and visual equipment.

B. The Plaintiff supplied the Defendant with goods, such as video equipment, from around 2008 to September 2014.

C. On November 25, 2014, an assignment order was issued from the above court (hereinafter “instant assignment order”). The assignment order of this case reached the Defendant on November 27, 2014 and became final and conclusive on November 27, 2014.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 8, purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) The amount of the goods that the Plaintiff had not received is USD 110,031,963, USD 185,32.35, and USD 185,32.35, and USD 210,285,270 when converting the said amount into the exchange rate as of March 16, 2015, the Plaintiff has a claim for the total amount of KRW 320,317,233, and KRW 266,949,98, out of the amount of the above goods as the assignment order of the instant case, was transferred to Atototototong Electronic Co., Ltd., the Defendant is obligated to pay the remainder of the goods price to the Plaintiff.

B. In full view of the following facts: (a) No. 1; (b) No. 4; and (c) No. 5; and (c) the Defendant’s representative director B’s overall purport of the pleadings as to the Defendant’s personal examination result, the amount of goods the Defendant did not pay to the Plaintiff by December 31, 2013 is 216,376,059; (c) the Plaintiff supplied the Defendant with goods worth KRW 4,102,772 to the Defendant; and (d) the Plaintiff received KRW 23,858,080 from the Defendant to August 22, 2014 as the amount of goods.

According to the above facts of recognition, this case is examined.

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