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(영문) 부산지방법원 2015.10.14 2015가합2716

물품대금

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 353,201,750 and the period from April 11, 2015 to October 14, 2015.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is a company that engages in the business of flowering business and the sale of flowers, etc., and the Defendant A is the representative of the mutual intent company called “C,” and the Defendant B is the actual operator of the above company.

B. C’s membership 1) The Plaintiff opened a website to deal with the duties of receiving orders from fireworks products, and has been engaged in handling the duties of receiving orders from the member shop through the above website. (2) Defendant A joined the Plaintiff’s member shop through the above website on March 19, 2014.

3) The main contents of the terms and conditions of the Plaintiff member shop are as follows: 6. Duty to make orders; 1) text messages and facsimile messages are sent to the recipient shop at the time of order order; and immediately (within 10 minutes) the head office at the time of order confirmation shall be connected to the order confirmation and ordering franchise store.

4) The head of Si/Gun/Gu must use the setnet, and in exceptional cases, the orderingman shall be able to make a settlement in a lump sum within 24 hours, and the signator shall be able to accurately check it. 9. Disciplinary action and Disqualification 5. The settlement system and system usage fees and subscription fees shall be collected from the first day of each month to the last day of each month to the head office, and the chain store subject to deposit shall be deposited from the head office on the 25th day to the 30th day of each month to the 20th day of each month.

4) The Plaintiff supplied goods in accordance with the Defendants’ orders on the said website, and received goods from the Defendants from June 2014 to December 2014. C. Meanwhile, the Plaintiff continued to conclude a continuous contract between the Plaintiff and the Defendant (i) and the Defendant on September 12, 2014, and the Plaintiff supplied a fireworks product to Defendant A, and the Defendant A pays the price to the Plaintiff.