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(영문) 서울중앙지방법원 2016.04.22 2015가단5001157
물품대금
Text

1. As to KRW 96,175,984 and KRW 39,250,984 among the Plaintiff, the Defendant shall be from July 31, 2012 to January 22, 2015.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4, Gap evidence 6, and witness Eul's testimony, and the whole purport of the pleadings.

The Plaintiff’s business and the Plaintiff’s total sales cooperation contract (i) around 201, when there is a pedestrian walking a crosswalk at night by using LED lighting and electronic consensus, the Plaintiff automatically recognized it, thereby enabling the driver to easily recognize the pedestrian and reducing the power of the driver (hereinafter “instant business”). The Plaintiff sought equipment and system manufacturer, and recruited the local government to operate and promote the business.

B. On June 29, 2012, the Plaintiff entered into a sales cooperation agreement with the Defendant to the Busan area of the instant project (hereinafter “instant sales agreement”). The relevant content of the instant sales agreement is as follows.

Article 1 (Purpose) The purpose of this Agreement is to supply goods bearing the trademark “A” (hereinafter referred to as “goods”) to “B” on the basis of the business plan for the year submitted by “B” (Defendant)” (hereinafter referred to as “B”), and to provide for all matters necessary for “B” to form a national store shopping mall registration and distribution and sales network to sell goods to consumers.

Article 2 (Definitions of Terms) The definitions of terms used in this Agreement shall be as follows:

1. The term “C service” (hereinafter referred to as “goods”) means all goods related thereto, such as LED lighting, remote integrated monitoring control devices, tables and “A” manufactured by “A”, and the integrated type of “Design Sharing”, which are separately defined in Article 4.

2. The term “total board”.

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