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(영문) 서울중앙지방법원 2018.08.24 2017가합570420

손해배상 청구의 소

Text

1. The defendant shall pay to the plaintiff KRW 203,271,150.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

Basic Facts

The pertinent Plaintiff is a person who engages in wholesale and retail business with the trade name of “C”.

The defendant is a corporation whose purpose is the clothes manufacturing business, etc.

D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is a corporation operating a package cafeteria franchise with the brand called “E”.

Around July 5, 2017, the Plaintiff entered into a contract between the non-party company and the non-party company on the supply of 105,000 won per unit price of 3,025,00 won (including value-added tax) and August 14, 2017, each of which was used for the promotional event of the " deep clater" of the new product originating from E to E, August 22, 2017.

(E) Around July 4, 2017, the Plaintiff concluded a contract with F, who acts as the Defendant’s representative, and the Defendant, under which the Plaintiff would receive the instant Airbag on August 14, 2017, by setting the payment period as the supply period.

(hereinafter “instant supply contract”). From August 8, 2017 to August 10, 2017, at F’s request, the Plaintiff partly adjusted the payment period on August 22, 2017 by receiving only KRW 50,000 of the instant Ecocon 50,00, and the remaining quantity was supplied on August 14, 2017, and the payment period was adjusted by Nonparty Company and the instant Ecocon 2 with the same content.

As a result, the content of the instant supply contract was modified as follows.

The sum of the unit price (including value-added tax) quantity (including value-added tax) quantity in the delivery place on July 5, 2017 for the first place of delivery on the date of the order for classification (including the value-added tax) quantity on August 14, 2017, 8.1,760,000 88,000,000,000 for the second place of the Logistics Center of this case on July 27, 2017, the Plaintiff: (a) on July 22, 2017, 68,481,600 for the second place of the Logistics Center of this case on July 40, 200,000 for the Defendant under the pretext of advance payment; (b) KRW 12,80,000 for the supply contract of this case on July 15, 207; and (c) KRW 00,000 for the second place of delivery; and (d) KRW 8.08,2008.200.