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(영문) 서울중앙지방법원 2018.07.12 2017가단54334

물품대금 등

Text

1. The Defendant’s KRW 17,127,40 for the Plaintiff and KRW 6% per annum from January 26, 2018 to July 12, 2018.

Reasons

1. Basic facts

A. The Plaintiff, a legal entity that runs the business of selling sports-related leisure appliances, combines nive golf Co., Ltd. (hereinafter “native golf”), and completed merger registration on January 5, 2016.

The defendant has been running a golf product and sports product sales business with the trade name of B.

B. Around May 21, 2012, the Plaintiff entered into a consignment contract with the Defendant and supplied the Defendant with golf appliances, and the Defendant sold the golf appliances supplied by the Plaintiff and received commission fees from the Plaintiff. ② From that time, the Defendant purchased the golf appliances from the Plaintiff and traded them to the consumers.

On May 21, 2012, the Defendant remitted KRW 17,000,00 to the Plaintiff.

C. The Plaintiff and the Defendant have renewed the consignment contract each year on a yearly basis, and the contents of the consignment contract and the franchise terminal operation agreement drawn up on December 15, 2015 are as shown in the attached Form.

On December 2015, the defendant entered into a consignment contract with Native golf, and sold goods which are requested to be consigned from Native golf, and then traded in a way similar to the transaction with the plaintiff, such as receiving consignment fees.

E. The Plaintiff and UNFF issued and delivered electronic tax invoices to the Defendant as of the end of each month while doing business with the Defendant.

F. On May 21, 2012, the Plaintiff’s Customer Director states that ① the Defendant made an advance payment in cash of KRW 2,00,000 as the price of goods on May 21, 2012; ② the amount receivable against the Defendant on December 30, 2015 was transferred to KRW 103,50,000; ③ the amount receivable against the Defendant as of November 21, 2016 is KRW 29,214,400; ④ the amount of the outstanding amount receivable against the Defendant as of November 21, 2016; ④ the entrusted inventory of KRW 2,715,00 as of January 25, 2017 was discovered and converted to the president. As of January 25, 2017, the amount of the Plaintiff’s credit against the Defendant as of January 25, 2017 is indicated as KRW 31,929,400.

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