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(영문) 서울중앙지방법원 2018.08.16 2017가합562856

물품대금

Text

1. The Defendant’s KRW 247,536,00 for the Plaintiff and KRW 6% per annum from July 1, 2017 to September 25, 2017.

Reasons

1. Facts of recognition;

A. On February 28, 2017, the Plaintiff entered into a contract with the Defendant on goods supply with the content that “the Defendant is supplied by the Plaintiff at a total selling rate lower than the consumer price and distributed via wholesale retail, online customers (excluding discount stores, and SNS) of the Plaintiff’s production.”

B. Since March 2, 2017, the Plaintiff and the Defendant concluded a contract for the supply of goods on March 2, 2017 (hereinafter “first contract”) under which the Plaintiff and the Defendant were to be supplied with KRW 29,376 in total (13cc) 94,03,200 per piece [3,200 won per piece (3,200 won per piece (40% of consumer price)] on the condition of free return, and KRW 29,376 in total (25cm) 17 kinds 29,376,376,00 [6,00 won per piece (40% of consumer price)] on the condition of free return.

(hereinafter referred to as “second contract”). (c)

On May 10, 2017, the Plaintiff supplied 7,680,00 won (=30,720 won x 2,500 won x 2,500 won x 2,500 won x 2,500 won ) to the Defendant, according to the type 33,456 (the increase to the volume to the Defendant’s agreement, and the increase to the volume to the Defendant’s agreement) of 30,720 (the increase to the volume to the Defendant’s agreement) total of 33,456 (the total of 25cm) in accordance with the contract on April 27, 2017 and May 2, 2017 (the total of 33,456 x 6,00 won).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, 8, 9, and 12, Gap's testimony, and the purport of the whole pleadings

2. Determination

A. According to the facts found above, the defendant is obligated to pay the plaintiff the price for the remaining goods after deducting the amount of KRW 30 million paid by the defendant from the total amount of KRW 277,536,00 (= KRW 277,536,000 (= KRW 200,736,000) of the price for the goods under the First and Second Contracts (= KRW 768 million) and damages for delay.

B. The defendant's assertion is determined as follows: (1) The plaintiff delivered the plaintiff under the first contract.