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(영문) 서울서부지방법원 2017.08.10 2015가합37832

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 594,00,000 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.

Reasons

. Facts of recognition.

A. On July 22, 2015, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with the Defendant and C with the following content that the Plaintiff would be supplied with 10,000 red ginseng fluor fluor 240g (hereinafter “instant product”). Of the instant products, the Plaintiff would be provided with 138,600 won per unit as a tax invoice is to be issued for 3,000 products, and the down payment shall be deposited 50,000,000 won into the account in the name of C, and the Defendant agreed to deposit the remainder of 80,000,000 won into the account in the name of C on behalf of the Plaintiff.

A: Plaintiff B: The supply price 128,700 won per piece 128,700 won per piece * 10,000 = 1,287,00,000 4) After completion of production of D, Party B shall be able to check the quality and packing condition of the product and receive the full amount of the supply price from Party B to Party B’s designated account, and then receive Party B’s delivery order.

(Deposit Account: New E/Deposit Holder: C) Article 7 (Termination of Contract) If Party A or B fails to comply with the terms and conditions specified in this Agreement, the other party may terminate this Agreement.

B. On July 22, 2015, the Plaintiff deposited down payment of KRW 50,000,000 in the account under Defendant C’s name. First, at the Defendant’s request, KRW 5,000 among the instant products would be supplied, and KRW 343,50,000 as the price for the goods from August 11, 2015 to August 13, 2015, as the price for the goods from August 13, 2015, the Defendant deposited KRW 170,000 in the account under the name of F Co., Ltd. (hereinafter “F”) under the name of the Defendant’s representative, and the Defendant and C deposited KRW 74,00,000 in the name of F at the Defendant’s request on August 17, 2015. However, the Defendant and C did not supply the instant products to the Plaintiff up to now.

C. Meanwhile, on August 19, 2015, the Defendant returned KRW 43,500,000, out of the amount of goods paid by the Plaintiff to the Plaintiff.

[Recognition] In the absence of dispute, each entry number of Gap evidence 1 and 2 is included.