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(영문) 의정부지방법원 고양지원 2017.02.03 2016가합75909

기타(금전)

Text

1. The Defendant shall pay to the Plaintiff KRW 316,696,580 and the interest rate of KRW 15% per annum from October 13, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs cosmetics, mask factoring wholesale and retail business, and the Defendant is a company that runs the wholesale and retail business of cosmetics.

Products under a contract for the supply of cosmetics (the first contract) dated 2, 2016: The defendant shall pay for the total amount of one month from June 2, 2016 to June 30, 2016 (the termination of the contract at the same time as the delivery of the goods on June 30, 2016): 208,678,40 won until June 10: 41,785,600 won until June 10, 2016; 41,785,600 won until June 9, 2016; 15,600 won in total until June 4, 2016; and 150,000 won in total until June 30, 2016; 10:62,678,600 won in total; 41,605,000 won in total until June 9, 2016; 2016.

Guarantee and Compensation for Damage: The defendant shall perform the delivery of the product under a contract by June 30, 2016, and shall pay 10% of the contract price as penalty when the contract is made.

Products under a contract for the supply of cosmetics (Secondary contracts) dated 1, 2016: The price for the goods, such as set after the health of El branch life, hidden set, graphics, Hague, and Earp Products group: the delivery of KRW 450,580,00 in total: July 15, 2016.

The Plaintiff entered into a supply contract with the Defendant on June 2, 2016 and July 1, 2016 (hereinafter referred to as “first supply contract”) on each occasion on June 2, 2016 (hereinafter referred to as “first supply contract”), and entered into a second supply contract on July 1, 2016 (hereinafter referred to as “second supply contract”). Under the first contract, the Plaintiff paid KRW 62,678,400 on June 2, 2016, and KRW 41,785,60 on June 9, 2016, KRW 030,00,000 on a total of KRW 104,464,000 on June 30, 2016, KRW 208,928,000 on each of the following occasions, KRW 06,000 on each of the following grounds:

C. However, the Defendant did not supply all the goods under the primary contract to the Plaintiff, and only supplied the goods equivalent to KRW 363,704,220 among the goods under the secondary contract.

Accordingly, the plaintiff is the defendant on August 2, 2016.