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(영문) 서울중앙지방법원 2016.10.25 2015가단5193841

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A corporation is a company that manufactures and sells mobile phone expendable goods and liquid sheet, and the defendant is a company that has the status of a loter (a multi-variety wholesaler with computerized logistics systems that supplies goods specialized in convenience stores, Schlages, etc.).

Around December 2015, when the lawsuit of this case was pending, the Plaintiff merged Mamod Co., Ltd. with the Plaintiff.

B. Around July 21, 2011, Nice Co., Ltd. entered into a specialized distribution store agreement with the Defendant and continued to engage in a transaction with the Defendant to sell products in a lot.

At the beginning of the transaction, the credit transaction method was adopted to deliver the product to the defendant and receive the price on the 25th day of the following month, but the transaction was conducted by changing the method of the entrusted inventory (the defendant supplied the product to the lot set and the sales of the product was sold in the lot set) at the defendant's request.

C. The Plaintiff collected inventory supplied from April 201 to May 201, as the inventory supplied to the Defendant was accumulated in the course of the transaction with the Defendant, resulting in a loss, and the monthly sales fell below the standard, and suspended the transaction on June 10, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness Gap's testimony, purport of whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion causes loss of KRW 44,60,281 due to the occurrence of a 2,751 inventory car after collecting inventory from the Defendant, and 2,751 inventory after examining the quantity of the recovered inventory, and resulting in total loss of KRW 2,450,060 due to the discovery of a 169 damaged article during the recovered inventory, resulting in total loss of KRW 47,110,341.

B. The evidence proving the plaintiff's assertion that Gap evidence Nos. 2 (Comparison of the quantity of the delivered stocks) was submitted, but this is merely a summary sheet prepared by the plaintiff's unilateral assertion, and it is doubtful about its credibility.