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(영문) 서울남부지방법원 2014.09.04 2013가합18203
약정금
Text

1. The Defendant’s KRW 244,024,00 for the Plaintiff and 6% per annum from September 26, 2013 to November 22, 2013, and the following.

Reasons

Facts of recognition

On January 22, 2013, the Defendant, who is engaged in the business of developing and supplying an electronic data processing chain, developed the “Fus International SSSD card - Electric Industry Track System” (hereinafter “instant product”) and supplied 232,320,000 won (including a value-added tax) to Nonparty ELD Co., Ltd. (hereinafter “Nonindicted Company”), and the Nonparty Company sent the said product to the product.

On February 7, 2013, the Plaintiff engaged in the sales business of information and communications equipment of this case (Evidence A2). The Plaintiff purchased the product of this case from the non-party company and stored it in the Defendant. The Defendant, using the product, made it possible for the Plaintiff to select the non-party company as its principal business operator (hereinafter referred to as “Korean bank business”) and made it possible for the Plaintiff to receive the product of this case from the non-party company again (including Value-Added Tax; hereinafter referred to as “the agreement of this case”) at KRW 24,024,00 (including Value-Added Tax) which is the same amount as the cost of purchasing the product of this case from the non-party company, and if the Defendant could not take the business of our bank until the end of June 2013, the agreement was made on the specific contents of the agreement as follows.

[W] As to the sale and payment of the price of the above product, the Fus Action ISD card (hereinafter “products”) delivered by the Defendant to LISD Co., Ltd. (hereinafter “Defendant”) and MISD Co., Ltd. (hereinafter “Plaintiff”) on January 22, 2013 agree as follows.

1) The Defendant, on behalf of the Plaintiff, owns the products until the end of June 2013, and uses them only for the Bank (IFR business/CR business) and other businesses. 2) In relation to the IFR business of Korea Bank, the Plaintiff may become the principal business operator.

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