beta
Text
The Defendants jointly share KRW 7,260,000 with respect to the Plaintiff and KRW 5% per annum from July 25, 2016 to March 23, 2018.
Reasons
1. Basic facts
A. Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company with the purpose of LLD (LED), crude oil, and wholesale and retail business of new and renewable energy. Defendant B is the representative director of the Defendant Co., Ltd.
B. On April 26, 2013, the Plaintiff entered into a contract for the supply of ELD beauty equipment (hereinafter “instant product”) with Defendant Company (hereinafter “instant supply contract”). The key contents of the instant case are as follows.
Plaintiff B: Defendant Company’s Article 1 (Concept of this Products and Concept of Supply Contract)
2. The concept “A” in the supply contract refers to requesting B to supply finished products under this contract and supplying B to A finished products under this contract.
Article 2 (Rights of A and B)
1. Party A’s powers are as follows:
(1) The authority pertaining to beauty art design (2) the authority pertaining to a gold-type design (3) the authority pertaining to the electronic circuit design (4) and other property rights provided by Gap to Eul without compensation shall belong to Gap.
Article 3 (Duties of A and B)
1. The obligations of A shall be as follows:
(2) A shall pay 60% of the down payment at the time of the order of the product and pay 40% of the balance at the time of receipt of the product (out of the shipment of the plant), unless there is a separate agreement.
2. The obligations of Eul shall be as follows:
(2) B shall not supply this product to third parties other than those designated by A or A.
The supply price of the goods of Article 5 (Supply Price) shall be the condition of factory shipment, but shall be 22,000 won per unit (excluding surtax).
C. On April 29, 2013, pursuant to Article 3 of the instant supply contract, the Plaintiff is “the first order price for the product of this case 5,000 products below 60%.”
72,600,000 won was paid. D.
The Defendant Company entered into a business contract with C on September 27, 2013 to promote the instant product-related business activities, and the advance payment of KRW 20,000,000 from C on October 4, 2013.