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(영문) 수원지방법원 2018.07.10 2017나18900

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a wholesale selling company in the trade name of “B,” and the Defendant is a company that operates the business in the trade name of “Smarket,” established for the purpose of the marketing business of Smarket operators, etc., and operates the business in the name of “Smarket,” set forth in 109 and 101, Young-si,

B. From January 5, 2016 to April 6, 2017, the Plaintiff has continuously supplied a disturbance, etc. to the Marart operated by the Defendant.

During the above period, the Plaintiff supplied the Defendant with a disturbance equivalent to KRW 87,977,550, etc., and received KRW 69,969,00 as the price for goods from the Defendant for the same period.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 18,008,550 won for the unpaid goods (=87,977,550 won - 69,969,000 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 9, 2017 to the date of full payment, as the plaintiff seeks after the final supply date.

3. Judgment on the defendant's assertion

A. The defendant asserts that the total of KRW 15,302,062 of the following items should be deducted from the unpaid amount of goods:

The sales amount of KRW 114,294,848, which reflects the Defendant’s normal profit ratio (25%) on the basis of the Defendant’s sales price (85,721,136 won, the actual sales price of the goods purchased from the Plaintiff) of the column, etc. supplied by the Plaintiff and KRW 4,784,598 (= KRW 114,294,848 - KRW 109,510,250), the difference of the actual sales amount of KRW 4,784,848 (= KRW 109,510,250) equivalent to the actual sales amount of the goods (LOSS) purchased from the Plaintiff, 2,256,414 (the purchased amount of KRW 87,97,550) (the sales amount of KRW 85,721,136)

B. The Defendant is the sole descriptions of the lives of sub-paragraphs 1 through 6 (including each number in the case of lives).