(영문) 수원지방법원성남지원 2020.11.25 2019가단227281

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(영문) 수원지방법원성남지원 2020.11.25 2019가단227281

물품대금

Text

The defendant shall pay 26,231,800 won to the plaintiff and 5% per annum from June 12, 2019 to November 25, 2020 and from the next day.

Reasons

1. Basic facts

A. The Plaintiff is running a distribution business in the name of “E”.

B. From August 8, 2018 to October 30, 2018, the Plaintiff sold to the Defendant the column of “Quantities” in the attached Table No. 1 to the Defendant as indicated in the table No. 1900 to October 30, 2018 (hereinafter “the column traded with the Plaintiff”).

C. The Defendant paid KRW 171,685,700 to the Plaintiff with the proceeds of the instant column.

[Ground of recognition] Facts without dispute, Gap 1, 2, 5 through 8 (including branch numbers in case of virtual numbers), Eul 1 through 6 (including branch numbers in case of virtual numbers), the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion of the column price of this case was set from the column market price determined by the F Association to the distribution column price for merchants at the discount of the representative of merchants in the following month (hereinafter “after-long-term price”).

However, there is no room for applying the long-term price after the completion of the transaction with respect to the column supplied in October.

Therefore, when applying the latter long-term price to the supply column of this case among the 8,90s, and applying the F Association price to the supply column of October, the Defendant shall pay the Plaintiff KRW 36,700,600, which is payable to the Plaintiff.

B. The Defendant’s assertion price of the instant column was determined at the actual on-site sales price at a discount again from the subsequent long-term price, reflecting the limitation of increase and decrease at each time of transaction.

The defendant paid all the proceeds of the instant column in accordance with its standard.

3. Determination

A. The fact that the Plaintiff and the Defendant agreed to determine the price of the instant column at a certain discount price reflecting the specific market situation of the transit price determined by the F Association is not a dispute between the parties.

However, in terms of how the method and degree of discount are specifically determined, the results of this court's fact-finding on G unions.

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