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(영문) 서울중앙지방법원 2015.11.12 2014가단5043772
약정금
Text

1. From March 6, 2014 to November 2015, 2015, Defendant Magazil Co., Ltd.: KRW 22,422,00 to the Plaintiff.

Reasons

1. The facts of recognition are individuals engaged in manufacturing and wholesale and retailing of bedclothess, such as bedclothess and pressings, with the trade name of the Plaintiff, and Defendant Magazers (hereinafter “Defendant Company”) is a corporation with the purpose of wholesale and retailing, such as bedclothess, furnitures, and interior goods.

Around August 30, 2013, Defendant Company sold to the hotel located in New-rodong, and ordered the Plaintiff to Iserererer, Sit, beer, etc. The Plaintiff completed the supply on September 10, 2013 and claimed KRW 12,706,650, and received KRW 10,000,000 from Defendant Company on September 16, 2013.

The Plaintiff demanded the payment of remaining KRW 2,706,650 (i.e., KRW 12,706,650 - KRW 10,00,00). The Defendant Company is expected to bring a lawsuit due to the occurrence of a dispute with a hotel located in the new roadside, and the Defendant Company requested the Plaintiff to keep part of the said goods in a state where it did not deliver them to the hotel located in the new roadside.

The Defendant Company used as evidence in litigation with the hotel located in New-rodong, and requested the Plaintiff to prepare a confirmation document that “the Plaintiff is in custody of the goods from September 17, 2013 to November 5, 2013,” and prepared a confirmation document that the Plaintiff is in custody of the goods. However, the cost of storage and management of the goods from September 17, 2013 to November 5, 2013 is KRW 150,000.

On November 25, 2013 and November 27, 2013, the Plaintiff received orders from the Defendant Company to supply original samples and original districts. The price of the original samples is KRW 70,000, and the original cost is KRW 603,000.

Around October 15, 2013, the Defendant Company exported to the Plaintiff via C, and issued an order of KRW 84,191,500 (hereinafter “the primary order”), such as tackers, bendes, and Edex, and Edex, and paid KRW 42,095,750, which is 50% of the purchase price, to the Plaintiff. On November 25, 2013, the Plaintiff notified the Plaintiff of the shortage of funds and supply of products, and the Plaintiff returned the total amount of KRW 42,095,750, which the Defendant Company received from the Defendant Company.

After that, on November 28, 2013, the Plaintiff did not pay attention.

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