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(영문) 서울중앙지방법원 2016.11.29 2015가단85860

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 133,272,50 and the interest rate of KRW 15% per annum from May 20, 2015 to the date of full payment.

Reasons

1. Basic facts

A. A Co., Ltd. (hereinafter referred to as “A”) aims at the sale of imported machinery, the manufacture and distribution of agricultural machinery and parts, etc., and the Defendant is a personal entrepreneur of D (D; hereinafter referred to as “D”) who engages in the business of exploitation, trade in dairy markets, the repair of dairy machinery and materials, etc., and the Defendant’s husband E is a personal entrepreneur of F who is engaged in the business of dairy materials, etc., and is substantially operating D and F.

B. On March 4, 2013, B, the representative director of A, entered into a contract with D (representative E) on domestic sales and services of Erael G company products (hereinafter “instant product”) (hereinafter “instant contract”), such as written agreement on business cooperation (hereinafter “instant agreement”).

C. According to the instant agreement, 40% of the total amount related to the instant product was determined to be distributed to the Defendant’s side, and the settlement of profits was made on March 31 of the end of each quarter;

6. 30.

9. A is decided to conduct the above settlement. A did not make such settlement to the Defendant, and the Defendant did not pay the remainder of KRW 133,272,500 to A. D. A was decided on December 4, 2015 by the Seoul Central District Court 2015 Ma10271, which was decided to commence rehabilitation procedures, and a custodian was appointed on April 21, 2016, and the rehabilitation procedure was completed on July 1, 2016. As the rehabilitation procedure was completed, A took over the instant lawsuit on November 18, 2016 (hereinafter referred to as “A” as a “Plaintiff”).

(iii) [based on recognition] lack of dispute or significant facts before this Court, Gap evidence 1, 2, and 3 (including branch numbers if any); hereinafter the same shall apply);

each entry, the whole purport of the pleading, and

2. Summary of the parties' arguments

A. On March 4, 2013, Plaintiff 1 entered into the instant agreement with D, which was executed by the Defendant, and entered into the instant agreement with the Defendant. The instant agreement is governed by the automatic renewal clause.