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(영문) 부산지방법원 2020.09.16 2019가합52160

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 249,012,220 as well as the interest rate of KRW 15% per annum from November 28, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff of the parties, etc. is a company established for the purpose of coffee and beverage manufacturing, coffee and beverage retail business, etc., and the Defendant is a company established for the purpose of software development and supply business.

B. On June 2017, the Plaintiff entered into a partnership agreement and changed the method of the partnership (1) with the brand called “D” with the Defendant and “D” (hereinafter “instant product”).

(2) From June 2017, the Plaintiff and the Defendant sold each of the instant goods in online shopping mallss and provided information (the name, trade name, and product delivery place of the purchaser) to the Plaintiff, and entered into a partnership agreement with the Defendant to sell and distribute profits from the instant goods in online shopping mall, such as E and F by inserting human resources and advertising expenses. 2) The Plaintiff and the Defendant, from around June 2017, sold the instant goods in online shopping mall in the name of G Co., Ltd. (hereinafter “G”) in which the Defendant jointly invested by the Plaintiff and H (hereinafter “H”) and the Defendant sold the instant goods in online shopping mall, and the Defendant provided the Plaintiff with such sales information (the name, trade name, and product delivery place).

In the process, the purchase price for the goods sold by the Defendant and H was managed by the Plaintiff, respectively, while the Plaintiff did not issue a tax invoice to the Defendant, G, and H (hereinafter collectively referred to as “Defendant, etc.”).

3) On April 2018, the Plaintiff and the Defendant: (a) managed the entire purchase price of goods sold online by the Defendant; and (b) changed the method of business to distribute the profits accrued from the goods sold in G under the name of G to the Plaintiff. The Plaintiff issued a tax invoice to the Defendant, etc. from around that time to January 31, 2019; (c) but was not paid the total amount of KRW 578,024,440. The Plaintiff was an affiliated business with the Defendant on April 2, 2019.