매매대금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On November 11, 2015, the Plaintiff and the Defendant (formerly: First T&C Co., Ltd.) entered into a contract for the supply of goods with the content that the Plaintiff supplied goods from the Defendant and supplied them to the online direct overseas website (www.feng.com) operated by China’s SFEpres (hereinafter “W.1 goods supply contract”).
(1) The term of contract under Article 4 (Period of Contract) is from November 11, 2015 to December 11, 2015. Article 5 (Supply Price of Goods)
1. The Plaintiff is supplied with goods from the Defendant by guaranteeing a minimum of 2% business margin at the price that the Defendant purchased.
2. The parties may adjust the supply price by mutual consent, if necessary, taking into account changes in market conditions.
Article 6 (Amount of Goods to be Supplied and Advance Payment) The Plaintiff shall, upon entering into this Agreement, make a prior payment in cash to the Defendant of KRW 232,561,990 equivalent to 50 percent of the amount of 465,123,980 for the supply of the goods.
Article 8 (Payment of Prices for Supply of Goods and Issuance of Tax Invoice) The methods of payment for the price of goods shall be as follows:
1. The defendant shall issue a tax invoice to the plaintiff for claiming the price of goods after the supply of goods.
2. The Plaintiff shall pay to the Defendant, within 25 days, the balance remaining after Article 6 of this Agreement excluding the amount paid in advance to the Defendant from the proceeds from supply issued by the Defendant.
2) On November 12, 2015, the Defendant issued a tax invoice for the amount of KRW 435,101,176, the tax amount of KRW 43,510,118, the total of KRW 478,611,294 to the Plaintiff, and the Plaintiff paid KRW 236,936,284 to the Defendant on November 12, 2015. (iii) on November 13, 2015, the Defendant paid KRW 473,872,568 to the warehouse located in Jung-gu, Incheon, Jung-gu, Incheon, which was operated by the Plaintiff on November 13, 2015, = KRW 232,561,90, KRW 232,561,90, KRW 2361,90, KRW 90, KRW 2390, KRW 2390, KRW 293,965, KRW 296.196.