beta
(영문) 부산지방법원 2019.06.14 2018나52310

약정금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is mainly engaged in the wholesale and retail business of electronic equipment and mainly selling electronic equipment produced by C Co., Ltd.

Defendant also engages in the wholesale business of electronic and household appliances, and mainly sells products produced by D Co., Ltd.

B. E, a representative director of the Defendant Company, was an individual entrepreneur with the trade name “B,” and engaged in the wholesale business, etc. of household appliances (the Defendant Company was established on July 15, 2015). On October 4, 2013, the aforementioned E supplied the amount equivalent to KRW 140,000,000 (excluding value-added tax) to be installed in an officetel building constructed on the ground of the Busan Young-gu, which was an employee of G (hereinafter “G”), between G and G through F’s business activities (i.e., air conditioners, washing machines, air conditioners, etc.). Of which, they concluded a contract to supply C products (No. 1 certificate; hereinafter “instant supply contract”). Of them, Air conditioners received KRW 14,00,000 from G deposit on October 8, 2013.

C. Meanwhile, as an individual entrepreneur with the trade name of “J”, I, a representative director of the Plaintiff, was engaged in the wholesale business of electronic equipment. On December 18, 2014, I entered into a contract with G on the content that I would supply the electronic equipment to G in KRW 134,954,000, and KRW 10,240,000, out of the price of the goods to which I had already received.

(A) No. 1, hereinafter referred to as “the Plaintiff’s supply contract”). D.

Since then, I had the plaintiff himself supply electronic equipment according to the supply contract of this case to G, and the plaintiff received the remainder of the price of the goods excluding KRW 10,240,00,00 as agreed that I received the price of the goods from G.

On the other hand, E is supplied by G with electronic equipment according to the instant supply contract.