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1. The defendant shall pay 400,000 US dollars to the plaintiff and 15% per annum from December 17, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. The Plaintiff is a company established pursuant to the Japanese law that manufactures and sells bio-certification equipment such as C Certification and related chips, and the Defendant is a company that operates security business related to the recognition of C in Korea.
B. On February 15, 2016, the Plaintiff permitted the Defendant to use a know-how for manufacturing technology of C (D) and entered into a contract under which only KRW 20,000 (hereinafter “instant product”) chips (hereinafter “instant product”) were supplied to USD 8,000 (hereinafter “instant technical assistance and supply contract”), and the Defendant ordered the instant product around February 25, 2016.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination of the applicable law;
A. Since the Plaintiff is a Japanese corporation, it constitutes a case with foreign elements, and the governing law should be determined pursuant to the Private International Act.
B. The Plaintiff sought the payment of the price for the goods and the damages for delay under the technical assistance and supply contract of this case. Article 25(1) of the Private International Act provides that the parties to the contract shall be governed by the law chosen explicitly or implicitly, and Article 11 of the above contract shall apply to the United Nations Convention on Contracts for the International Sale of Goods (the United Nations Convention on Contracts for the International Sale of Goods). In the event that the pertinent matters are not specified in the UNFCCC, the law of Japan provides that if the Plaintiff requests the payment of the price for the goods and the damages for delay, the buyer shall pay the price for the goods and receive the goods (Article 53), and if the buyer fails to perform his contractual obligations, the seller may claim damages for delay of the buyer (the proviso to Article 63(2)).
(c) the above recognition facts.