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Reasons
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(영문) 서울남부지방법원 2015.01.23 2014나9460
물품대금 등
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1. All appeals by the Defendants against the Plaintiff are dismissed.

2. The costs of appeal are assessed against the Defendants.

purport.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who engages in the wholesale business of daily necessities with the trade name “B,” and Defendant Mnet Co., Ltd. (hereinafter “Defendant Mnet”) is a company that operated Scam Market with the trade name “Scambling machine” in the Central Tridong-dong, Yangcheon-gu, Seoul (hereinafter “instant wooden store”) underground (hereinafter “instant wooden store”) and the 1st floor (hereinafter “instant new forest dong store”) of the Dongdaemun-gu, Seoul Special Metropolitan City (hereinafter “instant store”) in the new forest dong store.

B. On May 23, 2011, the Plaintiff entered into a product transaction agreement with Defendant Mnet, and the main contents are as follows.

(hereinafter “instant transaction agreement”). Article 1 / [Supply of Goods]

1. A(Plaintiff) shall supply a product dealing product (hereinafter referred to as “products”) to B(Defendant A) and sell them after being supplied with them.

Article 4 【Retention of Ownership】

1. The ownership of goods supplied by Gap to Eul shall be reserved against Eul until the bill or check issued by Eul in cash, regardless of whether or not the tax invoice, etc. is issued, is settled in full or delivered for repayment, is settled at the due date; and

3. Upon termination of this Agreement, Eul shall promptly return to Gap any goods supplied from Gap, the ownership of which has been reserved to Gap, regardless of the custodian, and Eul may recover the said goods at will, and Eul shall not raise any objection against this.

Article 5 【Settlement of Payments】

1.B shall pay the price in cash at the same time as the goods are taken over from A.

C. According to the instant transaction agreement, the Plaintiff’s claim for the price of goods against Defendant Mnet remains in KRW 13,027,568, which was supplied to the instant wooden store as of May 30, 2012, and the sum of KRW 5,033,723, and KRW 18,061,291, which were supplied to the instant new forest store.

Defendant Mnet on December 2012

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