계약불이행에 의한 손해배상 및 부당이익금
1. The counterclaim claim is dismissed.
2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.
1. Basic facts
A. On April 5, 2013, the Plaintiff entered into a goods supply contract with the counterclaim Defendant (hereinafter “instant contract”). The main contents of the said contract are as follows.
1) The counterclaim Defendant supplied ASUS ME400C and its case and knife 600 knife to the counterclaim, and the counterclaim Defendant sold at the selling price determined by the counterclaim Defendant in consultation with the counterclaim Defendant at the selling price determined by the counterclaim Defendant. 2) The counterclaim Defendant should have the counterclaim maintain more than 5% of the above supply price, and the sales profit exceeding 5% is allocated to the counterclaim and the counterclaim Defendant 5:5.
3) In the event that the counterclaim Defendant was unable to determine the place of sale by 60 days after the Plaintiff received the said product, the counterclaim Defendant is liable for the said product and returned the supply price to the counterclaim. 4) The ownership of the said product is transferred to the counterclaim when the counterclaim pays the supply price. The supply price is returned to the counterclaim Defendant once the counterclaim Defendant returned the supply price.
B. On April 16, 2013, the counterclaim Defendant supplied 600 keyboard 600, May 13, 2013, 2013, ASUS ME 400C 318, and 601 case on May 23, 2013 to the Counterclaim Plaintiff. The Counterclaim Plaintiff settled KRW 190,140,000 as the price for the supply of the said product.
[Ground for Recognition: Facts without dispute, Eul 21, Eul 23, Gap 1's each entry, the purport of the whole pleadings]
2. Determination on the cause of the counterclaim
A. 1) The Plaintiff’s assertion 1) The instant contract concluded on behalf of the Counterclaim Plaintiff for the purchase of the products, such as ASUS ME400C, by the direction of the Counterclaim Defendant, the Counterclaim Defendant decided to re-purchase the products from the Counterclaim Plaintiff by adding a fee equivalent to 5% of the supply price, within 60 days from the date of storage of the products. 2) The Counterclaim Defendant paid KRW 191,400,000 under the instant contract, and was provided by the Counterclaim Defendant with the products, such as ASUS ME40C 318, etc., and the Counterclaim Defendant did not comply with the said re-purchase agreement.
3. The above products are electronic equipment.