beta
(영문) 수원지방법원평택지원 2014.05.01 2013가합1879

선급금

Text

1. Defendant B and the Defendant (Counterclaim Plaintiff) C jointly and severally file for KRW 9,005,892 against the Plaintiff (Counterclaim Defendant) and their related thereto. < Amended by Act No. 11373, Feb. 2, 2012>

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the manufacture and sale of concrete mixtures, and the Defendants are engaged in the product agency business in the name of “D” between father and father.

B. On June 15, 2009, the Plaintiff entered into an agency sales contract with the Defendants as to the mixture of concrete products produced by the Plaintiff. The main contents of the instant case are as follows.

(2) Article 3(6) of the Securities and Exchange Act provides that “The Defendants shall not engage in any competition with the former transaction partner and the Plaintiff’s agent, and the Plaintiff’s employees and the agent shall not engage in competition with the Defendants’ transaction partner.”

The Defendants understand that the Plaintiff’s employees or the Plaintiff’s agents enter into an agreement with the actual users of the field and supply the relevant products to the Defendants’ trading line.

(3) The unit price (excluding value-added tax) applicable to the Defendants shall be calculated by deducting the unit price (excluding the value-added tax) applied to the Defendants from the unit price (excluding the value-added tax) sold to the clients.

(4) The Plaintiff and the Defendants end at the end of each month, and the Defendants shall issue a tax invoice for sales commission and claim against the Plaintiff not later than five days prior to the end of each month.

(5) The Defendants must confirm, at least two days prior to the scheduled date, with the exception of at least holidays from the trading line, and request the Plaintiff to release the relevant product using the Plaintiff’s delivery order form.

(Article X(1)(c).

With respect to the instant agency sales contract, the Plaintiff deposited money to the Defendants several times from 2009 to 2010.

In addition, on June 15, 2009, the Plaintiff extended total loans from the Defendants at KRW 60 million, and extended loans at six times a month.