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(영문) 서울동부지방법원 2017.01.17 2015가단45599
물품대금
Text

1. The Defendant amounting to KRW 66 million to the Plaintiff and the Plaintiff’s annual rate of 6% from November 27, 2014 to October 14, 2015.

Reasons

1. Summary of the parties' arguments

가. 원고의 주장 1) 원고는 2012. 11. 24. B의 소개로 피고에게 화장품 리쌩5종세트 1,000세트(이하 ‘이 사건 화장품’이라고 한다

A) A set of KRW 60,00 (excluding value-added tax) was supplied to the Plaintiff. After that, the Plaintiff received 175 feet from the Defendant to the Defendant again supplied 200 feet to the Defendant, thereby supplying 1,025 feet. 2) Accordingly, the Defendant is obligated to pay to the Plaintiff 66 million won (including value-added tax, 1,000 fee x 60,000 won) for the instant cosmetics and 6% per annum from November 25, 2012 to the delivery date of the application for the instant payment order from the following day to November 25, 2012 to the delivery date of the application for the instant payment order, and 15% per annum from the next day to the date of full payment.

B. Defendant’s assertion 1) The Defendant, not the Plaintiff, provided the instant cosmetics from B to B as KRW 40,00,000, and the price for this was paid to B as the sale of the cosmetics. Accordingly, the instant cosmetics were supplied from B. As the price was paid to B, there is no obligation to pay the instant cosmetics to the Plaintiff, not the contractual party. 2) Even if the party to the instant cosmetics supply contract is the Plaintiff, the Plaintiff was granted the power of representation from the Plaintiff as the Plaintiff’s employee and entered into the instant cosmetics supply contract with the Defendant. Accordingly, the instant cosmetics payment that the Defendant paid to B is valid for the Plaintiff.

B In addition, as between November 2012 and February 20, 2014, the Defendant recovered 175 sets from the products supplied by the Plaintiff, the amount of KRW 7 million (=175 sets x 40,000) should be deducted.

3 Family Affairs B is from the plaintiff.

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