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(영문) 서울동부지방법원 2015.09.18 2014나9092
선급금반환
Text

1. Of the judgment of the court of first instance, the part against the plaintiff (Counterclaim defendant) corresponding to the money ordered to be paid below.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. There is no dispute between the parties to the basic facts, or the following facts are acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence 1, 2, and 10.

A. The Plaintiff is a business operator running interior and exterior construction business in the Seo-gu Daejeon, Daejeon, and the Defendant is a business operator who manufactures and engages in wholesale and retail business with the trade name of “C” in Gangdong-gu, Seoul.

B. Around August 2, 2011, the Plaintiff and the Defendant entered into a local total sales contract (hereinafter “instant sales contract”) with the content that the Plaintiff subscribed to the Defendant’s local total sales market for two years (hereinafter “the Plaintiff”) (the main content of the contract is as “B” and the Defendant’s “A”).

C. On August 5, 2011, the Plaintiff paid KRW 20 million to the Defendant as exhibition goods cost under Article 2(1) of the instant sales contract. From around that time to November 14, 2011, the Defendant supplied the Plaintiff with exhibition goods worth KRW 25,474,400 at the consumer price.

The two-year contract term of the instant sales contract was terminated on August 2, 2013.

2. Determination as to the assertion on the price for the goods displayed

A. Under the Plaintiff’s assertion, the Defendant paid KRW 20 million to the Plaintiff on August 5, 201 under the instant sales contract, but the Defendant supplied only the exhibition goods equivalent to KRW 12,737,200 to the Plaintiff and did not supply the remainder of KRW 7,262,80 to the Plaintiff, the instant sales contract was terminated as of August 2, 2013. As such, the Defendant is obligated to pay the Plaintiff the price for the exhibition goods not delivered to the Plaintiff and the delay damages therefrom.

B. Of the Defendant’s counterclaim, the Plaintiff and the Defendant agreed to claim the return of the price for the exhibition goods (1) and the Defendant supplied the Plaintiff with the exhibition goods worth KRW 25,474,400 in half, but only the Plaintiff entered into a monthly purchase agreement for only two months after the date of the instant sales agreement.

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