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Reasons
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(영문) 창원지방법원진주지원 2016.07.12 2015가단33751
약정금
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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who sells agricultural materials with the trade name “B,” and the Defendant is a company that manufactures agricultural pipes, etc.

B. On January 7, 2013, the Plaintiff and the Defendant directly supplied agricultural pipes, etc. or the Defendant supplied pipes to Nonghyup, etc. as a broker, entered into a goods supply contract with the content that the Defendant would receive fees from the Plaintiff (hereinafter “instant supply contract”). The said contract includes the following:

Article 5(1) The Plaintiff shall adjust the closing (based on the statement of transactions) of the goods purchased from the Defendant as of the end of the next month on the basis of the statement of transactions, and approve it in cash on the last day of the following month. 2) If the Plaintiff does not approve the payment, it shall pay the amount to the Defendant for which the reduction of the unit price is not applied.

(b) on January 7, 2013, on the basis of the fee, 17%.

Provided, That the fees may be changed from time to time.

under mutual agreement.

C. From January 10, 2013 to November 11, 2014, the Plaintiff supplied the Defendant with pipes, pipes, and trawls equivalent to KRW 159,513,113 as listed in the following table 1; the Plaintiff paid the Defendant the amount of KRW 26,00,000 on October 10, 2013; and the Defendant paid the amount of KRW 48,00,000 on February 16, 2013; KRW 10,000 on September 25, 2013; KRW 10,000,000 on September 20, 2013 (=10,000,000 won).

In Table 1, the date on which the Plaintiff supplied the goods falls short of 40,00 won as of March 15, 2013, 201: pipeline 37,302,958 won as of January 10, 2013; pipeline 5,489,400 won as of February 17, 2013; and pipe 440,000 won as of April 9, 2013; pipeline 573, 210 won as of April 10, 2013; pipeline 573, 200 won as of 573, 210 won as of April 10, 2013; pipeline 6.38, 200 won as of April 25, 2013; pipeline 18, 2000 won as of May 23, 2013;

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