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Reasons
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(영문) 서울남부지방법원 2019.11.27 2018가단260439
계약이행보증금반환 등
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1. The Plaintiff, the Defendant Incorporated Company B, the 150,000,000 won, and the Defendant C and D are Defendant Incorporated Company B.

Reasons

1. Facts of recognition;

A. The parties 1) Defendant B Incorporated Co., Ltd. (hereinafter “Defendant Company”)

(2) The Plaintiff is a corporation engaged in the consignment sale, etc. of agricultural and fishery products in the name of “A” within the G Agricultural Products Wholesale Market, and Defendant D is the representative director of H, a corporation that engages in agricultural and fishery products distribution business within the G Agricultural Products Wholesale Market.

B. Around November 2017, the Plaintiff entered into an agricultural product (b) consignment sales agreement between the Plaintiff and the Defendant Company (hereinafter “instant agreement”) with F and Defendant C via Defendant D, and the Plaintiff and F and Defendant C proposed that they would be entrusted to the Plaintiff with good quality fab produced in Vietnam or in the farm. A consignment agreement between the truster company and the Plaintiff was entered into between the truster company and the Plaintiff, as follows. (2) On the first day of November 2017, the Plaintiff jointly and severally guaranteed the Defendant Company’s contract performance guarantee and the obligation to return the advance payment amount (hereinafter “instant agreement”).

Article 1 (Designation of Entrusted Seller) The defendant company shall designate the plaintiff as a consignment seller and the plaintiff shall sell the plaintiff on consignment at the place of production of the defendant company.

Article 3 (Commission for Commission Sales) The commission for commission of the plaintiff shall be seven percent of the sales proceeds.

Article 4 (Period of Agreement) The period of agreement shall be from November 2017 to November 2018.

Article 5 (Contract Deposit) The Plaintiff shall pay KRW 10 million (10,000,00) as contract deposit to the Defendant Company in order to smoothly implement this Agreement.

In addition, the Plaintiff pays to the Defendant Company the amount of KRW 90,000 (90,000) as the advance payment.

Article 6 (Repayment Date)

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