물품대금
1. The Defendant paid KRW 7,166,670 to the Plaintiff KRW 5% per annum from August 10, 2017 to October 26, 2017.
1. Facts of recognition;
A. The Plaintiff is a company that runs a business such as internal communications line construction, production of website, mobile telephone sales, and opening.
The defendant is a person who runs a wholesale and retail business of telecommunications equipment and communications equipment in the trade name of C.
B. On October 10, 2016, the Plaintiff concluded a mobile phone sales agency contract with the Defendant.
(hereinafter “instant sales agency contract”). The details of the settlement of sales proceeds, fees, etc. for mobile telephones supplied by the Plaintiff to the Defendant around September 2016 to May 2017 pursuant to the instant sales agency contract are as follows.
Serial 11,08,00 7,00 7,000 7,08,000 30,408,408,30630,7040,7040,30630,406,30630,406,407,40630,406,406, 7306,407,408,4046, 206,306,406,306,406, 207, 207, 1040,40,406, 206, 106, 207, 104, 205, 206, 206, 104, 205, 206, 306, 200, 2005, 138, 2005, 2017
C. The Plaintiff received KRW 6,908,900,000 in total, around November 30, 2016, around KRW 2,064,100, around December 30 of the same year, around KRW 2,109,800, around May 20, 2017, and KRW 1,735,000, around June 15, 2017.
[Evidence Evidence] Facts without dispute, Gap 1, 2, 3, 4, the purport of the whole pleadings
2. Summary of the parties’ assertion
A. The defendant is obligated to pay to the plaintiff 63,576,30 won remaining after deducting the amount of KRW 6,908,90 paid from KRW 70,485,230.
B. The Defendant around the Defendant (the head of the team) paid the remainder of KRW 63,576,330 to the Plaintiff’s employees D, thereby fully repaying the Plaintiff’s settlement amount.
Preliminaryly, the amount paid by the defendant to D, who is an employee of the plaintiff, is Article 15 of the Commercial Code and Article 126 of the Civil Code.