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(영문) 서울중앙지방법원 2015.08.27 2014가합576045

매매대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for the payment of KRW 112,01,778 and the payment thereof from August 25, 2014 to November 4, 2014.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that has entered into a general sales contract that sells products such as a mobile phone manufactured by panty and panty-house while running communication sales business, electronic commerce transaction business, product brokerage business, etc., and the Defendant A (hereinafter “A”) is a corporation that operates communications equipment sales and distribution business, etc., and the Defendant B is an internal director who is the representative of Defendant A.

B. On April 25, 2012, the Plaintiff entered into an agency contract with Defendant A (hereinafter “instant agency contract”) with the following terms and conditions, and purchased and sold a mobile phone and other communication device from Nonparty A Co., Ltd. (hereinafter “panty home”) to Defendant A, and Defendant B jointly and severally guaranteed the obligation that Defendant A owes to the Plaintiff under the instant agency contract.

ADz Co., Ltd. (hereinafter referred to as "A") and a representative B (hereinafter referred to as "B") of a mutual savings bank for the purchase of goods shall enter into an agency contract (hereinafter referred to as "this contract") as follows:

Article 2 Subject matter and quantity to be traded

1. Products supplied to “A” under this Agreement are portable terminals and other related products (including products that “A” orders and manufactures through a third party; hereinafter referred to as “goods”).

Article 4 The supply price of goods sold by "A" to "B" shall be determined and notified by "A".

Article 8 In principle, the price of goods shall be paid in full at the time of delivery of the object, but in case of credit transaction, a check or bill shall be issued to guarantee the payment of the price of goods, or the price of goods shall be paid at the time and method after mutual consultation.

Article 9 Furnishing of Security

1. “B” shall be the agency of “B” and other “B” from among the goods cost, temporary loans, and all the subsidies provided by “A”, which shall be returned by “B.”