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(영문) 서울중앙지방법원 2020.06.11 2019가합546315
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 1,624,931,665 and KRW 971,185,47.

Reasons

1. Basic facts

A. On August 11, 2014, the Plaintiff entered into a contract with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on behalf of the Plaintiff to purchase electronic parts on behalf of the Defendant Company, and to pay the relevant goods price and the relevant goods purchase agency fee (8% of the goods price) within 80 days from the date of the order. Defendant C, the representative director of the Defendant Company, guaranteed the Defendant Company’s joint and several liability such as purchase agency fee to be borne by the Plaintiff.

The main contents of the contract are as follows:

1. The purpose of this contract is to stipulate the responsibilities and obligations among the parties by faithfully performing the electronic parts used by the defendant company on behalf of the defendant company based on mutual trust when the plaintiff vicariously performs the purchase agency business on behalf of the defendant company.

2. The defendant company of the transaction size ordered the plaintiff to purchase the goods and provide them to the defendant company.

In principle, the total amount of transactions conducted by the plaintiff in advance shall be 150,000 per month, and the increase or decrease in the amount may be adjusted through mutual consultation between the plaintiff and the defendant company according to the status of collection of the price and the scale of the business.

3. An individual contract for the purchase of an individual contract shall be concluded upon the issuance of an order stating the transaction details by the Defendant Company and the acceptance by the Plaintiff.

At this time, the defendant company shall notify the plaintiff of all matters necessary for the purchase of goods, such as the name of the company, name, quantity, unit price, etc.

The defendant company shall take measures to ensure that the plaintiff does not suffer any problem in the order and cooperate in necessary documents by consulting and coordinating all matters necessary for ordering with the final trader.

4. The agency fee shall be set at 8% of the purchase price, taking into consideration financial expenses, transportation expenses, other expenses, etc. arising from the credit granted by the agency for the purchase of the agency fee, and shall be set at the supply price including the purchase price by item;

The defendant company shall apply the exchange rate to the unit supply price.

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