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(영문) 서울중앙지방법원 2015.05.11 2013가단258619
물품대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 17,807,540 as well as 20% per annum from August 23, 2013 to the day of full payment.

Reasons

1. In fact, the following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 to 8, 10, 11, and 12.

On February 27, 2013, the Defendant (mutual name: B) entered into an agency contract for mobile phones consignment, agency agreement for mobile phones consignment, and terminal supply agreement with the Plaintiff. According to such agreement, the Defendant shall perform the Plaintiff’s agency business concerning the recruitment and subscription of mobile phones customers, its incidental business, the Plaintiff’s agency business concerning the collection of fees to the Plaintiff’s mobile phones customers, and its incidental business. The Defendant shall pay the fees to the Plaintiff, and the Defendant shall deposit the received amount from the clients within one business day from the payment date.

In addition, the plaintiff sells telecommunications equipment and related goods to the defendant, and the defendant must settle it on the issue date of the tax invoice.

B. In accordance with each of the above contracts and agreements, the Defendant supplied the Plaintiff with a total of KRW 26,191,200 (including the amount of KRW 4,158,000 for inventory recovery) from the Plaintiff, and issued a tax invoice on May 31, 2013. However, the Defendant did not pay KRW 12,892,20 for the total of KRW 8,734,200 for the remainder of the device excluding the device that the Plaintiff recovered from the defective product and the device that was returned. However, the Defendant did not pay KRW 4,915,340 for the amount of total of KRW 12,892,20 for inventory recovery, excluding the device that the Plaintiff recovered from the defective product and the device that was returned.

2. If so, the Defendant calculated 17,807,540 won (i.e., the total amount of KRW 12,892,200 and KRW 4,915,340) of the mobile phone price and the amount of communication fee received (i.e., the Plaintiff) at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 23, 2013 to the date of full payment, as the Plaintiff seeks.

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