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(영문) 서울중앙지방법원 2017.06.21 2016나84537
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 16 (including the branch numbers of each evidence).

The plaintiff is a corporation that prints photographs, pictures, etc., and the defendant is a person who takes a sweak, etc.

B. From 2014 to 2014, the Plaintiff and the Defendant, when sending the photographs taken by the Defendant to the Plaintiff, have traded them by means of printing the pictures by the Plaintiff and printing them into Alba, and delivering them to the Defendant.

The Defendant traded under the trade name or brand name B, C, D, etc. during the transaction period with the Plaintiff, and, after performing the service duties requested by the Defendant, settled the amount at the end of each month and claimed, paid the amount to the Plaintiff by the method of paying the settlement amount.

(c) The Plaintiff: (a) among the details of mutual transactions between Company C, the sum of KRW 2,220,086 on November 1, 2014, KRW 1,601,347 on December 2014, KRW 5,921,579 on January 1, 2015, KRW 20,893 on May 31, 2015, KRW 20,893 on June 293, 2015, KRW 293,128; KRW 389,35 on July 389, 207, KRW 355 on KRW 30, KRW 14, KRW 240 on April 6, 207; and KRW 60 on June 6, 207, KRW 204 on June 16, 207, KRW 205 on the brand name of Company C on June 1, 2015; and

2. Determination:

A. According to the facts acknowledged in the above basic facts as to the cause of the claim, the defendant is obligated to pay to the plaintiff the total amount of KRW 13,071,377 (=5,743,012 +93,355 + 6,335,010 + delay damages.

B. The Defendant’s assertion (i.e., the Defendant trading 6,335,010 won under the Plaintiff’s brand name D.

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