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(영문) 서울중앙지방법원 2017.04.14 2015가합571887

물품대금

Text

1. The Defendant’s KRW 142,534,568 as well as the Plaintiff’s annual rate of KRW 6% from January 1, 2016 to August 25, 2016.

Reasons

1. Facts without dispute;

A. The plaintiff is a person who manufactures and sells the clothes hair products under the trade name of "C", and the defendant sells the clothing in the trade name of "D".

Since 2009, the Plaintiff supplied the goods with the clothes to the Defendant, and the Defendant resells them again to the domestic or foreign clothing company.

B. The Plaintiff’s claim for the price of goods is KRW 580,133,403 ( KRW 273,000,000 KRW 273,000,000 KRW 273,133,403, 2012; hereinafter “the primary price of goods”) and the claim for the price of goods remaining after the Plaintiff supplied from February 2014 to the date of February 2013 is KRW 142,534,568 (hereinafter “the secondary price of goods”).

On November 30, 2015 and December 31, 2015, the Defendant promised to pay the Plaintiff 50% of each of the secondary goods price on two occasions.

2. Determination

A. The Defendant is obligated to pay the Plaintiff the amount of KRW 1,101,133,403 calculated by subtracting the amount of KRW 479,00,00 ( KRW 1,580,13,403 - 1,101,133,403 - 1,403,403) from the amount of KRW 142,534,568, and delay damages for the amount of the second goods, barring any special circumstances.

B. The defendant's claim of KRW 479,00,000 out of the amount of the first goods is settled in total amount of KRW 479,00,000 due to defects in the goods supplied by the plaintiff, and is deducted from the amount of the first goods in accordance with an agreement with the plaintiff. Thus, the defendant's claim of the first goods amounting to KRW 479,00,000 is all extinguished.

1) At the end of August, 2013, the Defendant supplied 5,199 items from the Plaintiff (products number: E) (hereinafter “the instant products”) and sold them to the Shsawe Co., Ltd., a clothing company (hereinafter “ Shsawe”).