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1. The Defendant’s annual payment of USD 19,680 to the Plaintiff during the period from September 2, 2014 to April 27, 2016.
Reasons
1. Basic facts
A. The Plaintiff is a juristic person established under Chinese law for the purpose of selling vegetables, etc., and the Defendant is a juristic person established under Korean law for the purpose of importing and selling agricultural and fishery products.
B. A and B on August 2014, who represented the Plaintiff, were the Defendant’s partners, concluded a verbal contract (hereinafter “instant contract”) with the content that the Defendant imports 12 copies of a container from the Plaintiff on the condition that the Defendant imports the two copies of a container under the condition that the two copies of a container are later cash settlement (T), and imports the ten copies of a container in the way of issuing a letter of credit (hereinafter “instant contract”).
C. Accordingly, on August 8, 2014, the Plaintiff loaded 48 tons per package, which is two containers, and entered the Incheon port around August 30, 2014. On September 1, 2014, the customs clearance procedure was completed for the goods.
(1) On August 8, 2014, with respect to the first imported portion, the contract between the Plaintiff and the Defendant was made with the United States dollars 19,680, and with respect to the payment in cash.
After that, the Plaintiff, upon the issuance of the credit, loaded each of the roots of September 48, 2014; 72 tons of the same month; 72 tons of the same month; and 48 tons of the same month; and the goods entered Incheon port between September 13, 2014 and October 11, 2014, and completed customs clearance around that time.
(1)(2)(3).(5)
Although the defendant paid all the price for the goods for the second imported portion of the credit, the defendant did not pay the price for the goods for the first imported portion.
[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, Eul evidence 2 (including a provisional number), witness B and Gap's testimony, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant received 19,680 U.S. dollars from September 2, 2014, and barring any special circumstance, the Defendant issued the instant payment order from September 2, 2014 to the Plaintiff as the price for the goods to be distributed to the Plaintiff.