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(영문) 서울중앙지방법원 2018.01.10 2017나42202
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.

2...

Reasons

1. Basic facts

A. On October 26, 2012, the Plaintiff entered into an agency contract with the Defendant (hereinafter “instant contract”) with the content that “the Plaintiff, among the products produced, sold, or handled by the Plaintiff, reasonably considered the market situation, possibility of purchase, and other circumstances, sells the products that the Plaintiff agreed to sell to the Defendant.”

B. After that, until the Plaintiff and the Defendant terminated the instant contract on September 2016, the Plaintiff supplied the Defendant with products under the instant contract.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion and judgment 1) The Plaintiff settled the accounts after the termination of the instant contract, and the Defendant still remains at 21,693,036 won, and the Defendant is obligated to pay the outstanding amount to the Plaintiff 21,693,036 won and damages for delay. 2) In full view of the purport of the argument in the testimony of the Party Witness C, the Plaintiff and the Defendant divided the price of the goods under the instant contract into the first half of the month and the second half of the month and settled the accounts twice a month. However, the Defendant did not deposit the outstanding amount to the Defendant on June 2016, with the payment of KRW 9,700,000 to the Plaintiff on May 20, 2016, and the Defendant deposited the outstanding amount to the Defendant on June 30, 2016, with the payment of KRW 700,0000 or more of the outstanding amount to the Defendant’s goods at the end of June 20, 2016.

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