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(영문) 대구지방법원 2017.09.13 2016가단37553
선지급금반환
Text

1. The Defendant shall pay to the Plaintiff KRW 44,654,00 and the interest rate of KRW 15% per annum from November 25, 2016 to the date of full payment.

Reasons

1. On August 27, 2015, the Plaintiff entered into a goods supply contract with the Defendant (hereinafter “instant contract”). The main contents are as follows.

[Main Contents of the instant contract] The purpose of Article 1 is to provide for all matters necessary for Gap (Defendant) to supply goods to Eul (Plaintiff) and sell goods by forming a distribution and sales network.

Article 2 Section A shall guarantee to B the goodwill for products produced by Party A outside the floor.

Article 3 Section A shall be supplied to B as factory ex-factory price.

(unit price may be agreed upon) Article 5 A shall ensure that the Party A is able to carry on the product of Party A until the existence of the agreement.

Article 6 Section A shall grant B the exclusive right to market and construct products for all products of Party A in Daegu and Gyeongbuk-do areas.

Article 8 Section B deposits not more than seven days in gold (50,000,000,000 for product prices) at the passbook (account details omitted) presented by Party A, and this Agreement is concluded at the same time.

On September 2, 2015, the Plaintiff remitted KRW 50,000 to the Defendant.

On October 16, 2015, the Plaintiff ordered the Defendant to pay KRW 5,346,000 as the price for the said goods, which is equivalent to KRW 10,692,000 (including value-added tax) of the amount of KRW 10,692,00 in relation to the termination of the floor of the exhibition hall of the National Asian Culture Complex.

On May 17, 2016, the Plaintiff and the Defendant newly drafted a goods supply contract, stating “50,000 won for 50,000,000 won in the passbook presented by A shall be deposited on September 2, 2015. After deducting some material costs (as of May 16, 2016)”

[Article 7 (Investment Funds for Prior Art. 7). . / [Grounds for Recognition] . . 【Non-contentious Facts, Gap evidence No. 1, 2, Eul evidence No. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings.

2. Determination:

A. Determination as to the cancellation of the instant contract

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