beta
(영문) 대전지방법원홍성지원 2013.11.26 2013가단2443

물품대금

Text

1. The Defendant’s KRW 44,195,573 as well as its annual 6% from February 22, 2013 to November 26, 2013 as to the Plaintiff.

Reasons

(1) On April 2008, the Plaintiff engaged in the manufacturing and wholesale retail business of food products (i) entered into an agency contract with Defendant A, who registered the business of wholesale and retail business of Category C and food materials retail business, to supply and sell the products produced by the Plaintiff to Defendant A; and (ii) Defendant B supplied Kim, etc. to Defendant A.

3) On June 6, 2012, Defendant B prepared and delivered a written confirmation of non-performance as follows to the Plaintiff. At present, Defendant B consulted with the Plaintiff by deducting KRW 1,00,000 per month since the amount of money not paid to the Plaintiff was KRW 44 million, and the price of goods brought to the Plaintiff shall be terminated from 1 to 31st day of the following month and shall be paid in full by 5th day of the following month. When the two conditions are met, 3% of the incentives (if there is an outstanding amount), the market activation support project also agreed to provide 10:10 until 20:0,000 won, 20:50 won and 20:7:5.20,000 won and 7.4.0,000 won and 7.5 billion won and 7.5 billion won and 8.5 billion won and 25.5 billion won and 7.5 billion in good faith, respectively, were also discussed.

[Grounds for recognition] The Plaintiff’s assertion and determination of the purport of Gap’s evidence Nos. 2, 3, 5, and Eul’s evidence Nos. 3-1, 2, and 3-3 as a whole and all pleadings are the Plaintiff’s assertion and determination that the amount that was not paid by the Plaintiff by May 31, 2012 is KRW 43,023,073. The Defendants are the Defendants.