(영문) 서울중앙지방법원 2015.06.25 2013가합78148

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(영문) 서울중앙지방법원 2015.06.25 2013가합78148

상품대금 등

Text

1. The Plaintiff:

A. Defendant A Co., Ltd. shall be annually from November 1, 2013 to June 25, 2015, as well as KRW 450,678,559.

Reasons

1. Facts of recognition;

A. At the time of the instant contract between the Plaintiff and the Defendant A, the trade name was “F,” but the trade name was changed on September 19, 2012, which was after the contract.

(2) On March 1, 201, Defendant A entered into an agency contract (hereinafter “instant agency contract”) under which Defendant A may carry on the business of selling the clothing produced by the Plaintiff as the Plaintiff’s agent in Yongsan-gu, Yongsan-gu (hereinafter “Defendant A”) and entered into a special agreement (hereinafter “instant special agreement”), and the main contents thereof are as follows.

Meanwhile, at the time of the conclusion of the instant agency contract, C and D agreed to provide joint and several surety for up to ten years from the date of conclusion of the contract within the scope of KRW 100,000,000 for Defendant A’s obligation to the Plaintiff under the said contract. The said C and D agreed to provide joint and several surety for three years from the date of conclusion of the contract within the scope of KRW 165,00,000 for Defendant A’s obligation to the Plaintiff under the instant special agreement.

Article 3 [Security Deposit and Security] ① The defendant A shall deposit 20,000,000 won in cash with the transaction deposit to the plaintiff at the same time as the contract is concluded.

② Defendant A shall provide the Plaintiff with real property or other property worth at least 100,000,000,000 to secure all obligations arising under this Agreement and this Agreement.

Article 4 [Supply of Goods] (1) The goods shall be supplied to the defendant A in accordance with the plaintiff's sale and distribution plan in consideration of the demand, sales capacity, marketability, etc. of the defendant A.

(2) The volume of goods supplied may be adjusted through consultation between the plaintiff and the defendant A in consideration of the deposit, coverage, balance of credit sales, etc. of the defendant A.

③ Ownership of the goods supplied by the Plaintiff is transferred to the Plaintiff, and the Plaintiff and the Defendant A are in a relationship with a consignment for sale and are transferred when the Defendant A paid the price in full.

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