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(영문) 서울중앙지방법원 2020.11.26 2020가합518071

물품대금

Text

1. The defendant shall pay 800,000,000 won to the plaintiff and 12% per annum from March 17, 2020 to the day of complete payment.

Reasons

1. Basic facts

A. The relationship 1) The Plaintiff and the Defendant manufacture and sell each of the cosmetics, etc.

B. On October 19, 2018, the Plaintiff continued to supply a variety of kinds of cosmetics released with the trademark “D” and “E” to the Defendant, and the Defendant decided to exclusively sell the above cosmetics in China (hereinafter “instant cosmetics supply contract”).

(2) On January 2019, China’s side prevented from using or publicizing the “EGF” component as a raw material for cosmetics, and the cosmetics bearing the “EGF” mark were difficult to sell.

【Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff supplied cosmetics to the Defendant under the instant cosmetics supply contract, but did not receive at least KRW 800,000,000 out of the price.

Therefore, the defendant is obligated to pay to the plaintiff 800,000,000 won and damages for delay.

B. On June 2019, after Defendant D’s trademark was unable to publicize and sell cosmetics in China, the Plaintiff and the Defendant were liable for half of the total stocks of approximately KRW 1.6 billion remaining cosmetics.

Accordingly, the Plaintiff is obligated to pay approximately KRW 800,000,000 corresponding to half of the above cosmetics stocks to the Defendant. Since only KRW 180,047,886 is paid under the pretext of marketing support expenses, etc., the Defendant has a claim equivalent to KRW 619,952,114 ( KRW 800,000,000 - KRW 180,047,886) against the Plaintiff.