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(영문) 서울남부지방법원 2013.11.01 2012가합101009

부당이득금

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff), and the Plaintiff (Counterclaim Defendant) A from December 1, 201 to December 1, 201.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 16, 2006, each of the instant agency contracts was concluded between the Defendant (hereinafter “Defendant”) and the Plaintiff (hereinafter “Defendant”) to supply boiler to the Plaintiffs and sell boilers supplied by the Defendant to consumers (hereinafter “each agency contract of this case”) on June 2, 2008, respectively.

(2) According to each of the instant agency contracts, the Plaintiffs shall pay the claim amount of the tax invoice issued and delivered by the Defendant on the last day of each month with cash or with the check of shares or promissory notes, which is paid within 90 days from the date of issuance (Article 6(3)). The Defendant may terminate the contract in cases where the Plaintiffs delay or fail to comply with the payment of the goods on at least two occasions (Article 15(1)).

(3) From the date of entering into each of the instant agency contracts, Plaintiff A was supplied with boilers from the Defendant until October 201, with the trade name of “E,” and Plaintiff B, with the trade name of “F,” respectively.

(4) For the purpose of securing the claim for the purchase price of goods against the Defendant, the Plaintiff prepared and delivered a note in the attached list No. 1 to the Defendant, and the Plaintiff B completed the registration of the establishment of a mortgage in the name of the Defendant (hereinafter “mortgage-mortgage-mortgage-backed security”) as of May 29, 2008 by the Daegu District Court of Busan District on the attached list No. 23251, May 29, 2008.

B. Each sales agreement concluded from 2009 to 2011 (1) the Defendant entered into an annual sales agreement with the Plaintiffs on the record of the sale of boiler and the amount of incentives or discounts to be paid according thereto (hereinafter “each sales agreement of this case”), respectively. < Amended by Presidential Decree No. 20093, Dec. 1, 2009>