logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.26 2015가단71236
물품대금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff KRW 9,274,964 as well as 6% per annum from June 11, 2014 to January 26, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and supplies creamer, etc. with the trade name “Accenture”. Defendant A (hereinafter “A”) is a company that entered into a license agreement with the Plaintiff for Accenture, and Defendant B (hereinafter “B”) and Defendant C are the joint and several liability obligations owed by Defendant A to the Plaintiff.

B. On July 10, 2013, the Plaintiff and Defendant A entered into a license agreement for the development of a franchise and a direct sales outlet (hereinafter “instant agreement”) and the period from July 10, 2013 to July 10, 2015, and Defendant A decided to pay the price for goods and royalties to the Plaintiff.

C. Around January 7, 2014, the Defendants promised to jointly and severally pay KRW 20,167,806 to the Plaintiff by January 29, 2014.

The Defendants acknowledged that the amount to be paid to the Plaintiff under the instant contract was KRW 27,342,509 via content-certified mail around February 27, 2014.

E. On April 16, 2014, the Plaintiff notified Defendant A of the termination of the instant contract on the grounds that the Defendants did not pay for the goods.

F. Around June 12, 2014, the Plaintiff filed the instant lawsuit claiming KRW 3,753,493 for the purchase price of goods, KRW 5,521,471 for the acquisition price, KRW 9,274,964 for the Defendant A, and extended the claim for the instant lawsuit to KRW 40,152,750 for the purpose of claiming the instant lawsuit without any special change in circumstances around March 25, 2015.

G. On September 25, 2014, the Plaintiff sent to Defendant A an e-mail demanding the payment of KRW 10,355,344 of the total unpaid debt up to September 22, 2014.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 8, 15, and the purport of the whole pleadings

2. The amount to be paid by the Defendants to the Plaintiff by February 20, 2014 under the Plaintiff’s assertion agreement is KRW 27,342,509, and the amount to be paid by the Defendants to the Plaintiff for the goods additionally supplied by the Plaintiff is KRW 7,310,241, and the transfer price to be paid by the Defendants is KRW 5,50,00,000.

arrow