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(영문) 인천지방법원 2014.09.05 2012가단72819

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 12,978,400 to the Plaintiff (Counterclaim Defendant) and its payment from April 24, 2012 to the date of full payment.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant related to the party is a company that entered into an entrustment agency contract with the KS Telecom Co., Ltd. (hereinafter “Stecom”), which entrusts the business of attracting subscribers, receiving fees, supplying a device, etc., and the Plaintiff is a person who operates the mobile communications store in the trade name of “B”.

B. On September 19, 201, the Plaintiff entered into the instant consignment sales contract, etc. with the Defendant, where the Plaintiff was supplied with a cell phone device from the Defendant and sold it to the customer and had the customer subscribe to the mobile communications service provided by KSV, the Plaintiff entered into a consignment sales contract with the Defendant to receive business subsidies, such as commission, etc. (hereinafter “instant consignment sales contract”), and entered into the consignment sales contract with the Defendant (hereinafter “instant consignment sales contract”). At the time of opening or closing the transaction, the Plaintiff also entered into a payment performance agreement with the Defendant at the time of opening or closing the transaction, and also submitted a letter of commitment to prohibit the business of the inconvenience law (hereinafter “certificate of prohibiting the business of this case”). The main contents

[This case's consignment contract] Article 2 (Goods Supply Contract) (1) A (the defendant, hereinafter the same shall apply) provides communications equipment goods sold by Gap to a commission upon Gap's judgment.

(2) B (the plaintiff, hereinafter the same shall apply) shall faithfully perform the duty as a trustee at the time of selling Party A’s communications equipment product.

(4) B shall, when the goods provided by A have been lost or lost, compensate for them in cash at the price offered by A.

Article 6 (Payment of Fees) (1) Payment of installment commission shall be made on the date determined by A and B in the event that the goods entrusted to B are sold to the end-user of the goods entrusted to B, and there is no defect in each other in the documents.

(2) When goods supplied by Party A are sold in installments, Party A shall be paid allowances determined by Party A, and Party A shall be paid them.