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(영문) 서울북부지방법원 2016.10.20 2015가단116244
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 66,380,400 to the Plaintiff (Counterclaim Defendant) and its amount from November 4, 2014 to October 20, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged in full view of Gap evidence 1, evidence 2, evidence 4, evidence 5, evidence 6, evidence 9, evidence 9, and evidence 3, evidence 1, evidence 1, and evidence 5, evidence 1, and evidence 1, and evidence 1, evidence 1, and evidence 1, evidence

On August 22, 2014, the Defendant, who is engaged in the wholesale and retail business in the name of "D", entered into a contract for continuous supply of cosmetics between "E" and "F."

B. Meanwhile, the Plaintiff engaged in the retail business of cosmetics (hereinafter “instant contract”) between the Defendant and the Plaintiff around August 2014, and the Plaintiff’s continuous supply contract between the Defendant and the Defendant for the supply of cosmetics supplied by the Defendant F.

B. A contract was concluded, and a total of KRW 134,570,000 was remitted to the Defendant on six occasions, such as the attached specification of transactions, and ordered the supply of cosmetics on the date of the order stated in the attached Form.

C. In addition, while the Plaintiff received cosmetics from the Defendant by ordering the Defendant through the Defendant’s partner C through supply of cosmetics, the Plaintiff concluded a separate cosmetics supply contract with C individual and C, thereby ordering F via C to supply cosmetics. D.

However, as F did not supply cosmetics to the Defendant or the Plaintiff, the Plaintiff was unable to smoothly supply cosmetics from the Defendant, and the Plaintiff was returned to the Defendant totaling KRW 43,349,00 won on October 15, 2014, ② KRW 16,000 on November 26, 2014, ③ KRW 3,024,000 on November 27, 2014, ④ KRW 18,000 on April 28, 2015, and ⑤ KRW 43,349,00 on April 13, 2015.

E. In addition, in the course of cancelling the instant contract with the Defendant on November 4, 2014 and settling accounts on November 18, 2014, the Plaintiff agreed not to claim for KRW 21,314,800, and for KRW 3,525,800 as of October 29, 2014, the amount of cosmetics supplied among the orders issued on October 1, 2014 and the orders issued on October 13, 2014.

2. As to the principal claim.

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