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(영문) 서울중앙지방법원 2012.11.23 2012가합28801
물품대금
Text

1. The Defendant’s KRW 70,490,925 to the Plaintiff and KRW 6% per annum from April 27, 2012 to November 23, 2012.

Reasons

1. Basic facts

A. On November 27, 2010, the Plaintiff entered into a contract on the supply of goods (hereinafter “instant contract”) with the Defendant, who is engaged in the business of processing clothes under the name of “C (name after amendment: D)” and with the Plaintiff, by December 31, 2010, the Plaintiff would load and supply them to the Defendant not later than December 31, 2010. The Defendant would, as a consideration, supply them to USD 215,000 ($ 4.3 x 50,000) with the credit (hereinafter “the instant contract”). The Defendant requested the Industrial Bank of Korea to issue the credit to USD 30,00,000, the Industrial Bank of Korea supplied them to the Defendant with USD 20,000, 200, 300, 200, 300, 200, 200, 300, 200, 201, 300, 201, 2010.

【Ground of recognition】 The fact that there is no dispute, entry of Gap evidence 1-2, 3, 4, and Eul evidence 1 through 10 (including branch numbers if the evidence of No. 1 exists) and the purport of whole pleadings

2. The assertion and judgment

A. The Defendant, who was the governing law, agreed to the applicable law of this case as the law of the Republic of Korea on the date of the sixth pleading of this case, under Article 25 of the Private International Act, is subject to the Korean law in this case.

B. According to the above facts, barring any special circumstance, the defendant is entitled to 47,000 copies (=10.0.00) of the instant contract to the plaintiff under the contract of this case.

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