logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.07.19 2016가단236493
물품대금반환
Text

1. The Defendant’s KRW 42,728,698 as well as the Plaintiff’s KRW 6% per annum from June 11, 2016 to July 19, 2017, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that imports and sells cosmetics, etc. under the trade name of the World X-X located in Hong Kong, and the Defendant is a personal entrepreneur who is engaged in exporting cosmetics, etc. from Korea to foreign countries under the trade name of B.

B. On May 25, 2016, the Defendant entered into a contract for the supply of Mari Global Trade Limited Company (hereinafter “instant goods”) located in Hong Kong and received USD 32,132.46 from the Meri Global (hereinafter “instant goods supply contract”) with Meri Global Trade Limited Company (hereinafter “Meri Global”).

C. Around June 10, 2016, the Muri Global paid USD 32,124.46 to the Plaintiff according to the instant goods supply contract. Since it is difficult for the Plaintiff to pay the remainder of the goods due to the current Muri Global’s financial circumstances, it suggested that the Plaintiff be supplied with the instant goods after paying the remainder of the goods to the Defendant.

On June 10, 2016, the Plaintiff sent each of the orders in the name of the Plaintiff (Evidence A 7-1) and the order sheet in the name of the Plaintiff (Evidence A-2-1) equivalent to USD 38,133.60, which is the total amount of USD 32,124.46 and USD 38,13.60, which is the sum of USD 70,257.06 paid by the Plaintiff, to the Defendant, and the Defendant sent the above pictures (Evidence A-2-2 and Evidence A-2-2 of the above order) to the Kakaoo Kao Kao Ma.

E. On June 13, 2016, the Plaintiff transferred USD 38,133.60 to the Defendant the price for goods under the instant goods supply contract.

F. On June 14, 2016, the Defendant: (a) sought a prior hearing from the Defendant’s Hong Kong Partnership C to demand the Defendant to return the price of the goods already paid; and (b) requested C to deposit the goods in substitution for the Muri Global.

On June 15, 2016, the defendant is a company operated by C.

arrow