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(영문) 수원지방법원 2018.07.20 2018가합13878

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 174,470,400 to the Plaintiff (Counterclaim Defendant) and its related amount from March 22, 2017 to July 20, 2018.

Reasons

1. Facts of recognition;

A. Both the Plaintiff and the Defendant are companies that manufacture and sell cosmetics, beauty art products, etc.

On July 1, 2013, the Plaintiff entered into an OEM agreement with the Defendant and supplied the Defendant with all-type H factoring products (hereinafter “all-type H factoring”) and goods, such as the original unit thereof, which were contained in the EM, from that time to July 31, 2015.

B. On May 9, 2016, the Defendant drafted a letter of undertaking to pay the Plaintiff the outstanding amount of KRW 204,470,400 to the Plaintiff by May 30, 2016.

The content of the outstanding amount is stated in the letter of commitment to the effect that it is an amount calculated by subtracting the amount of KRW 23,856,000 deposited on April 26, 2016 from KRW 67,00,000, KRW 107,470,400 from May 31, 2015, and KRW 53,856,00 not issued in the invoice from KRW 53,856,000 from KRW 53,856,000 deposited on April 26, 2016.

C. On July 26, 2016, the Defendant representative C borrowed KRW 204,470,400 to D’s representative director D and prepared a cash custody certificate to repay by August 15, 2016.

After August 23, 2016, D again borrowed 204,470,400 won to D and repaid on August 30, 2016, and in the event of delay, notarial deeds in monetary loan contract were prepared to pay damages for delay of 25% per annum.

On January 19, 2017, the Plaintiff requested debt collection companies to collect the said money, and the Defendant submitted a plan to promise the debt collection companies to pay 204,470,000 won in four times the balance of the goods price to the Plaintiff.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 9, 10 evidence, Gap 8-1, 2, the purport of the whole pleadings

2. According to the facts of recognition as to the cause of the principal claim, the defendant is obligated to pay to the plaintiff the price for the goods, and the damages for delay thereof, unless there are other circumstances.

3. The defendant's assertion on the main claim and the counterclaim

A. On July 1, 2013, the gist of the Defendant’s assertion 1: (a) concluded an OEM agreement with the Defendant to supply all forms of he/she; and (b) on November 30, 2012.