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(영문) 수원지방법원성남지원 2016.02.02 2015가단23405

물품대금

Text

1. The Defendant’s KRW 28,00,000 as well as its related KRW 6% per annum from April 25, 2015 to February 2, 2016, and from February 3, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells camping machines, etc., and the Defendant is a person who imports and sells camping machines in the trade name of “B”.

B. On April 30, 2014, the Plaintiff entered into a contract (hereinafter “instant agency contract”) with the following terms and conditions that the Defendant would be granted the right to represent the Daegu area of the Campler imported and sold by the Defendant (hereinafter “instant agency contract”), and around that time, paid the down payment to the Defendant KRW 5 million.

-Article 4 - [Requirements for Agency Contracts]

(a) 50 million won shall be paid when an agency contract is concluded at the expense of extinguishment of the franchise;

The plaintiff shall pay five million won at the time of the contract and pay the remaining amount in installments each year within ten years from the contract.

B. The Plaintiff’s initial purchase volume must purchase at least two car clubs (campers) necessary for operating its business at the time of entering into a contract and maintain at least one car clubs for at least one exhibition.

Article 6 (Supply Price and Settlement of Products)

(b) the settlement method shall be 70 per cent at the time of the order and 30 per cent at the time of the domestic storage of the product;

Provided, That the first two basic orders after the contract shall be settled at the time of 100% order.

C. According to the instant agency contract, the Plaintiff ordered two campinglers to the Defendant (a model LMC420D price of KRW 27.5 million, a model name TEC415 price of KRW 22 million). On May 16, 2014, the Plaintiff paid KRW 27.5 million to the Defendant as the price for each of the above products. Around July 2014, the Plaintiff received the said LMC420D product from the Defendant.

On August 2014, the Defendant promised to sell the above LMC420D products that the Defendant supplied to the Plaintiff by the Plaintiff to the Plaintiff as KRW 29 million, and to sell the C300 PEW products handled by the Plaintiff on consignment at KRW 11,440,000.

E. The defendant is above D.

It sold each product described in paragraph on consignment, and paid 1,544,000 won out of the price to the Plaintiff.

[Reasons for Recognition] Facts without dispute, Gap 1 through 3 evidence, Eul 1 and 2 evidence, and the purport of the whole pleadings.