beta
(영문) 부산지방법원 2020.10.07 2019가합41085

물품대금

Text

1. The Plaintiff:

A. Defendant B Co., Ltd. shall pay KRW 197,618,056 and its amount from March 7, 2019 to the date of full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company running the clothes and student clothes wholesale business, and Defendant B (hereinafter “Defendant B”) is a company running the clothing manufacturing and sales business, and Defendant C Co., Ltd. (hereinafter “Defendant C”) is a company running the students’ reproduction and sales business.

B. On July 15, 2016, the Plaintiff and Defendant C entered into a basic contract for the Suwon Agency, and the Plaintiff and Defendant B entered into a basic contract for the Plaintiff’s sports-nam Team (hereinafter “total sales contract”) on October 31, 2016, thereby succeeding the Plaintiff’s status in the said A Suwon Agency’s basic contract to Defendant B.

C. On December 2, 2016, the Plaintiff entered into a contract with Defendant B to supply goods stating that “the Plaintiff delivers school uniforms to an agency or a school designated by Defendant B, and Defendant B pays KRW 1,032,041,080 to the Plaintiff,” and the Plaintiff supplied all school uniforms under the said contract.

On March 2017, the Plaintiff entered into a contract with Defendant B to supply goods stating that “the Plaintiff delivers school uniforms to an agency or a school designated by Defendant B, and Defendant B pays KRW 550,331,94 to the Plaintiff,” and the Plaintiff supplied all school uniforms under the said contract.

Defendant B paid to the Plaintiff only KRW 982,010,00 out of the total amount of each of the above goods (hereinafter “the first goods price”) KRW 1,582,373,024, and thereafter, the Plaintiff and Defendant B agreed to reduce the respective goods price to KRW 197,618,056.

E. Defendant B entered into a contract with Defendant C on the supply of goods with the purport that “Defendant B delivers school uniforms to the school designated by Defendant C, and Defendant C pays KRW 221,318,746 to Defendant B,” and Defendant B supplied all school uniforms under the said contract.

F. Defendant C repaid to Defendant B the amount of KRW 80,00,000, out of KRW 221,318,746, the price for the above goods (hereinafter “the price for the second goods”).

(g) the defendant.