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(영문) 대구지방법원포항지원 2016.07.12 2015가단305632

물품대금

Text

1. The Defendant’s KRW 2,530,298 as well as annual 11% from June 1, 2015 to July 12, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. Esbs Korea Co., Ltd. (former trade name: Escbs Korea Co., Ltd.; hereinafter “Escsbs Korea”) is a company established for the purpose of the manufacture and sale of various pipes materials, pipes, and escots, and the Defendant is a company established for the purpose of the purchase and sale of products, the wholesale and retail business of products, etc.

B. On January 4, 2013, 2013, the Defendant concluded a domestic agency contract with the main content of “the Defendant grants the Defendant the exclusive sales authority for the original place of origin, modern construction, modern engineering, and treatment construction, and the Defendant is supplied with piping materials, etc. from Escen Korea and sells them to the original place of origin.”

(hereinafter “instant contract”). The Defendant under the instant contract shall pay the price for the goods manufactured and supplied by TPS Korea as of the end of the month following the month in which the goods were supplied, and the unpaid damages for delay was set at the interest rate for the general loan interest rate for commercial banks.

The overdue interest rate on the general loan of commercial banks from June 1, 2015 to the closing date of the argument in this case is 11% per annum.

C. In addition, under the instant contract, the Defendant agreed to receive 5% amount of money equivalent to 5% of the transaction price from Escench Korea in the event that Escen Korea directly trades with the original place of origin, modern engineering, etc., which the Defendant holds the exclusive agency authority, as the commission for raising the transaction price.

TPPJT Korea manufactured and supplied goods, such as pipes (DH-2 PJT supply products, YNPJT supply products, etc.) equivalent to the total amount of KRW 199,846,724 from October 31, 2014 to April 13, 2015, to the Defendant who ordered goods under the instant contract.

The second order of KRW 2014-10-312,036, the second order of KRW 2014-10-312,036, 15,891,573, the third order of KRW 2014-9-30, 251, the second order of KRW 2014-10.