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(영문) 서울고등법원 2017.03.23 2016나2047735
물품대금 등
Text

1. Of the judgment of the court of first instance, KRW 158,671,241 as to the defendant and its related thereto shall be annual from November 20, 2015 to March 23, 2017.

Reasons

1. Basic facts (1) The Plaintiff is a corporation that engages in the development, manufacture, and sale of all technologies and products related to the automation of logistics, and the Defendant is an individual business operator who runs a wholesale business after registering his/her business with the trade name “C”.

(2) On September 2013, the Plaintiff and the Defendant entered into a partnership agreement with the Plaintiff to sell fire fighting parts in Korea, if they were imported from “D,” a fire fighting unit producer located in Vietnam.

(3) From October 2013 to May 2014, 2014, the Defendant sold fire saws imported from D in Korea.

On the other hand, as seen above, the Defendant sold fire saw during the same period, regardless of the instant trade contract, as well as fire sawsaw that was owned by the Plaintiff.

(2) The reasoning of the lower court’s judgment and the reasoning of the lower court’s judgment in light of the following: (a) the lower court’s determination that the Defendant sold fire saw, which the Plaintiff imported and sold, was saw fire saw as having been fire saw as having been fire saw as having been fire saw as having been fire saw by the Defendant regardless of the instant trade contract; and (b) the lower court’s determination that the Defendants sold fire saw as having been fire saw as having been fire fighting

2. Summary of parties' arguments;

A. The Plaintiff’s summary of the Plaintiff’s assertion and the Defendant agreed that all of the costs incurred after the import of firesaw (such as customs clearance fees, warehouse expenses, and transportation expenses) will be borne by the Defendant.

However, since the defendant's financial standing was difficult, the plaintiff first 2 to 3 months lent the amount equivalent to the expenses incurred after the revenue to the defendant.

In accordance with the instant trade contract, the Plaintiff imported fire fighting units equivalent to KRW 1,256,912,683 and sold them to the Defendant. Of the sales proceeds, the Plaintiff received KRW 248,193,060 from the Defendant, and was returned from the Defendant on June 20, 2014 the amount of KRW 261,653,762 (2,186.31 ton).

On the other hand, the plaintiff was fire saw from the defendant as above.

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