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(영문) 서울동부지방법원 2015.10.30 2014가단132014

물품대금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 60,100,000 and KRW 5,000,000 among them, the Defendant (Counterclaim Defendant)’s payment to the Plaintiff (Counterclaim Defendant) on May 31, 2012.

Reasons

Comprehensively taking account of the respective descriptions in Gap 1 and 2 as well as Eul 13's images and the overall purport of Gap's testimony and arguments as to the cause of the claim as to the claim as to the main claim, the fact that the plaintiff sells golf cosmetics (which consist of 92,100,000 won in total, three times from May 31, 2012 to August 31, 2012, to the defendant as set forth in the following table; hereinafter referred to as "products of this case").

Meanwhile, the Plaintiff received KRW 26 million ( KRW 15 million on June 2, 2012, KRW 5 million on August 31, 2012, KRW 600,000 on the sales price of the goods No. 1 in the said table), and the fact that the Plaintiff returned the amount equivalent to KRW 6 million on November 30, 2012 from among the goods No. 30, KRW 6 million on November 30, 2012.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the remainder of KRW 60,100,000 among the remainder of the purchase price of KRW 60,000 and the remainder of KRW 5,000 ( KRW 31,00,000 - 26,000) from May 31, 2012, the delivery date for KRW 1,60,000 from June 25, 2012, the delivery date for KRW 53,50,000 among the remainder of the purchase price of the three goods ( KRW 59,50,000,000 from August 31, 2012, the delivery date of copies of the complaint of this case to November 5, 2014, and to pay damages for delay at the rate of KRW 6,600 per annum prescribed by the Commercial Act from the next day of each case to the delivery date of the complaint of this case.

As to the Defendant’s assertion, at the time of being supplied with the product of this case, the Defendant agreed to actively publicize the product of this case between the Plaintiff and the Plaintiff, who is a manufacturer of the product of this case, but to return the product which has not been sold, and thus, remaining after excluding KRW 12910,000,000, which was actually sold by