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(영문) 부산지방법원 2015.06.11 2014가단8192

양수금

Text

1. The defendant shall pay 76,983,200 won to the plaintiff and 20% per annum from February 25, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff A Co., Ltd. (hereinafter referred to as the “Plaintiff”) is a company engaged in waste collection, industrial machinery production, and fertilizer sales, and Defendant B Co., Ltd. (former trade name is C (former trade name) and previously the company in charge of the dispute resolution. The above company referred to as the “Defendant” is a company engaged in waste collection and disposal, fertilizer manufacturing, and wholesale sales.

B. On June 1, 2010, the Defendant entered into a goods sales contract with E (E) (hereinafter “E”) under which the Defendant would sell manure produced by the Defendant, and the main content thereof is as follows.

Article 6

1. The defendant shall transport the vehicle and transport to the place designated by E.

2.E is to load and manage products transported by the Defendant.

3. The expenses for the purchase of strings used as transport equipment shall be borne by E.

“Past” Sheet-out principle

4. Other measures shall be taken to settle the burden of rent for the products released from KPP arbalests from the date of release to December 2, 2009 on the basis of the return date and to return them to E as soon as possible.

5. Sales allowances shall be KRW 1,200 for tin treatment fertilizers and by-products, and KRW 1,500 for the entry of by-products, and shall be separately determined under the agreement between the defendant and E when the unit price change in the agricultural cooperative system sales has been made.

Article 7

1. If the sales proceeds of the quantity sold from the sale of the agricultural cooperative system (local governments, government subsidies, and farmers' contributions) are to be paid to the defendant, the defendant shall pay the sales commission (fee) within 10 days from the date of the deposit to the sales law person;

(1) In the settlement of sales allowances, sales allowances shall be paid after deducting the purchase cost of strings, KPPlet rents, low-income rents, etc. (based on the date as of the settlement of accounts by shipping quantities) from the amount of sales allowances distributed to E.

(c) From March 201 to February 2013, E sold 68,113 copies, cash sales 41,880 parcels, and 108,150 copies.