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(영문) 창원지방법원 2016.01.15 2013가단26329

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 10,097,164 as well as the full payment from August 3, 2013.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. The Plaintiff between the Plaintiff and the Defendant is a person who operates a production plant in the trade name of “D” in Kimhae-si, and the Defendant is a person who engages in sales business, such as the trade name of “F” in Seoul Gwangjin-gu, Seoul.

From December 27, 2009 to August 2, 2010, the Defendant was supplied with a product equivalent to US$ 804,445 (hereinafter referred to as US$ 804,445) from the Plaintiff operating D, paid USD 758,928 as the price. The Defendant repaid KRW 30,000,000 in Korean won on June 28, 2010, and paid KRW 10,000,000 in Korean won on July 5, 2010, and USD 3,031.96 to deduct foreign customers from the settlement of c,031.96.

B. The Plaintiff between G and the Defendant served as the representative director of G Co., Ltd. (hereinafter “G”) from December 27, 2005 to May 30, 2008.

G since November 2005, when the Defendant requested the production of goods by receiving orders from foreign customers, such as Afrantan, G produced the required goods and undergone the quality inspection of the Defendant, and then made transactions in the way of receiving the payment from the Defendant after dispatching the goods to foreign customers through the shipping company designated by the Defendant.

G around February 9, 2007, around 1,910 the fenced with the “I” trademark similar to the H trademark ordered by the Defendant (US$ 25,087) and exported it to the J of 2 Ba. The Defendant, upon receiving the K company’s claim, demanded that G not export the fence attached with the I trademark on April 9, 2007.

On April 12, 2007, G promised that “I will not export a fence attached with the trademark” to the Defendant, and furthermore, on August 23, 2007, G agreed to deduct USD 12,000 from the cost of the required delivery to be paid to G between the Defendant and the Defendant in relation to the Crecilty that KG raised to the Defendant by the Defendant (hereinafter “instant agreement”).

The above agreement.