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(영문) 광주지방법원 2017.01.13 2015가합2111

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 278,511,300 and the interest rate of KRW 15% per annum from January 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. The purpose of the Plaintiff is to install air conditioners and sell air conditioners installation materials. The Defendant is a person who installed air conditioners with the trade name “C” after retired from office as an employee of the Plaintiff.

B. During the period from October 2010 to June 2013, the Plaintiff and the Defendant: (a) contracted the installation of air conditioners with the Plaintiff’s supply of air conditioners and materials to the Defendant and completed the installation work by the Defendant (hereinafter “contract method”); (b) contracted the installation work of air conditioners when the Plaintiff supplied air conditioners to the Defendant; and (c) requested the Plaintiff to pay the contract cost and the cost of the materials after purchasing the materials at its own expense and installing the air conditioners (hereinafter “B transaction method”); and (c) the Defendant provided air conditioners and materials from the Plaintiff with respect to the installation work of air conditioners separately received by the Defendant, and traded with respect to the supply and installation work of air conditioners and materials to the Plaintiff (hereinafter “third transaction method”).

C. The Plaintiff: (2) in relation to the trading method, (3) in order to enable the Defendant to purchase the materials, the Plaintiff obtained a trading code (IDDD) in the Plaintiff’s name from Hasna Co., Ltd. (hereinafter “Hasna”), a material selling company (hereinafter “Hasna”), and the Defendant ordered the materials to use the said trading code to the Hasna, and received the air-conditioning and the materials when the said materials arrive in the Plaintiff’s warehouse.

[Ground of recognition] A without dispute, entry of Gap evidence No. 9, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff had KRW 68,608,285, and KRW 346,264,178 from April 201 to May 2013, 201 with respect to the Defendant’s claim for the price of goods.