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(영문) 서울중앙지방법원 2013.11.07 2012가단5143722
기타(금전)
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 92,228,176 and 20% per annum from October 9, 2010 to the date of full payment.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) manufactured the Meslock for women (hereinafter “Meslock”) and kept them in the Meslock Distribution Co., Ltd. (hereinafter “Meslock”). On May 15, 2012, Defendant A and the Meslock Co., Ltd. (hereinafter “Meslock”) transferred all the rights, such as the trademark and production rights of the Meslock, trademark patent withdrawal, etc. between Defendant A and the Meslock and sold 3,500 Meslock, which Defendant A entered into a contract for the transfer of rights to sell 67,000 Meslock, which was transferred from Defendant A to the Plaintiff immediately thereafter.

B. On May 17, 2012, the Plaintiff entered into a contract with Defendant A to supply Defendant A with 92,220 sets of merscise 7,00 sets of 92,220 won for goods, and Defendant A sold the said merscise 159,000 won per set of a set of 159,00 won through a slot Home shopping, and upon receipt of the price for goods from a slot shopping, the Plaintiff paid 5% of the sales price of the home shopping, after deducting sales commission, and then settled the price for the remaining goods by returning the price for the goods to the Plaintiff (hereinafter “instant agency contract”).

C. Around May 2012, the Plaintiff entered into a contract to supply Defendant A with a total of KRW 7,000 set of KRW 645,540,00,000, around June 2012, and around June 3, 2012. The conversion of the price into the price for goods is KRW 645,540,00, and the Defendant A sold the said set of the said set of the set of the set of the set of the sets of money stored in Samchi Logistics, and the sales volume was KRW 3,963.

Defendant A paid the Plaintiff KRW 160,305,642, total of KRW 12,377,641 on July 5, 2012, KRW 30,000 on July 10, 2012, KRW 169,000 on July 16, 2012, KRW 6,919,129 on August 1, 2012, KRW 208,872 on September 4, 2012.

E. Defendant B is the vice-chairperson of Defendant A.

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