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(영문) 서울북부지방법원 2017.09.26 2017가단103914
물품대금
Text

1. As to the Plaintiff’s KRW 96,924,00 and KRW 14,562,00 among them, the Defendant shall start on September 23, 2016 and start on 14,515 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation with the purpose of researching and improving the traditional liquor manufacturing method in Korea and selling alcoholic beverages. The Defendant is a corporation with the purpose of trade business, food and food, and wholesale and retail business.

B. On September 19, 2016, the Plaintiff entered into a sales contract with B, a trade company (hereinafter “B”), one year of contract, two million total purchases per year, and two million won per day prior to the date of payment of the price of the goods. On September 22, 2016, the Plaintiff delivered goods equivalent to KRW 48,540,000, such as Adong Jeju, to B, and did not pay the price of the goods in B.

C. On October 31, 2016, under the condition that a purchaser of goods supplied as of September 22, 2016, the Plaintiff terminated a sales contract entered into with B, and on condition that the purchaser of goods supplied as of September 22, 2016, the Plaintiff paid 30% of the price of goods on the date of delivery on the date of shipment, and 70% of the price of goods on the date of shipment, and prohibited domestic distribution of goods sold to the Defendant, and agreed to determine the supply goods and quantity with the consent of the Plaintiff regarding the Defendant’s written order.

The plaintiff supplied the same kind of goods to the defendant as follows, but did not receive the price of goods from the defendant.

The sum of the down payment for the goods on the date of delivery (30%) on September 2, 2016 (70%) 332 boxes of Ansan (38,540,540,000 won on September 22, 2016) 14,562,00 won on November 17, 2016 (14,562,978,000 won on September 17, 2016) 50 boxes of Ansan-dong (19,200,00 won on November 17, 2016) 19,20,760,000 won on 5,760,00 won on 13,440,00 won on 13,40,000 won on the delivery date (supply and delivery date) 760,08,308,81,208,308,508 won on the delivery date on November 28, 2016.

E. The Defendant loaded 500 boxes among the above goods to China, and on January 2, 2017, C, an executive officer of the Defendant Company, released the remainder from the warehouse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 13, purport of the whole pleadings

2. The cause of the action.

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