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(영문) 인천지방법원부천지원 2014.12.04 2014가단28550

물품대금

Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 17,919,276 and as a result, from May 2, 2014 to December 4, 2014.

Reasons

1. The following facts can be acknowledged in full view of the following facts: (a) there is no dispute between the parties; or (b) evidence Nos. 1, 2, and 3; and (c) evidence Nos. 4-1, 2, 5, and 6; and (c) the purport of the entire pleadings.

Defendant A operated lighting fixtures and electrical and electronic equipment wholesale and retail businesses with the trade name of “C,” provided the Defendant B as collateral for the first floor Nos. 106 and 107 of the first floor, Seoyang-gu, Seoyang-gu, Busan-si, the first floor No. 106 and 107 (hereinafter “instant commercial building”) owned by the Defendant B, and completed the registration of establishment of a mortgage with respect to the instant commercial building on March 12, 2008 by designating Defendant B as a debtor and the Hyeung-gu, the Co., Ltd. as a mortgagee, the maximum debt amount of which is KRW 130,000,000.

B. On or around July 27, 2011, the said Tyste Co., Ltd. entered into a sales agency contract with the Plaintiff on October 26, 201 (hereinafter referred to as the “instant agency contract”) with the Defendant A to supply the products handled by the Plaintiff, such as Loste-H, to Defendant A, and the Defendant A entered into a sales agency contract with the Plaintiff to sell the products as the Plaintiff’s agent (hereinafter referred to as the “instant agency contract”).

C. At the time of the instant agency contract, the Plaintiff issued a tax invoice to Defendant A by adding the supply value of the goods supplied by the Plaintiff to the end of each month, and the Defendant A agreed to deposit the price of the goods into the Plaintiff’s bank account by the end of the following month. With respect to the instant agency contract, the Defendant A paid cash or security equivalent to KRW 130,000 to the Plaintiff in order to secure the present and future obligations, and upon termination of the instant agency contract, the Defendant A’s obligation should be immediately repaid in cash due to the loss of the benefit of time, and the amount of delay damages by 20% per annum from the following day of the cause of cash payment to the day of full payment.