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(영문) 수원지방법원 성남지원 2018.11.15 2018가단222746
수납대금등
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 174,703,478 as well as to the day of full payment from November 10, 2018.

Reasons

1. The basis for the request;

A. The Plaintiff is a company running the information and communications business at the above address. Defendant A operates a mutually named “D” company running a wholesale and retail business of communications equipment at the seat of the Dong-gu Incheon Metropolitan City, and Defendant B is a joint and several surety for Defendant A’s payment obligations under the agency consignment agreement between the Plaintiff and Defendant A.

B. On December 20, 2010, the Plaintiff and the Defendants entered into a consignment agency contract with the Defendant A, which provides that the Defendant A shall operate the business on consignment from the Plaintiff (hereinafter “instant consignment agency contract”) with respect to all matters related to wire and wire products and other products business entrusted by the Plaintiff, customer management, and sales business of related products.

Under the instant consignment agency contract, the Plaintiff supplied the Defendant A with the goods such as the device, and the Defendant A sold the above goods and paid the amount of the goods and the amount received from the customer to the Plaintiff, and the Defendant B jointly and severally guaranteed the above payment obligations of the Defendant A.

C. Article 31 (Termination, etc. of Contract) of the Entrustment Agency Contract of this case provides that in a case where the payment of the price of goods and the price of receipt is overdue for not less than 2 months, the Entrustment Agency Contract of this case may be terminated.

The Defendants, in accordance with the instant consignment agency contract, faithfully paid the Plaintiff the price of goods and the amount received from their customers. However, in violation of this provision, since around August 2015, the said amount was not paid at all up to now, resulting in a large amount of unpaid payment. Therefore, the Plaintiff terminated the instant consignment agency contract with the Defendants around February 2018 pursuant to the said provision.

C. Article 32 (Termination, etc. of the Contract) of the Entrustment Agency Contract of this case is terminated due to the expiration, termination, etc. of the contract period, all obligations of the Entrustment Agency with respect to KT shall lose the benefit of time, and if there is any balance of debt, the Entrustment Agency shall immediately be against KT.

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