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(영문) 서울중앙지방법원 2018.11.07 2016가단79381
물품대금
Text

1. The Defendant’s KRW 84,578,00 for the Plaintiff and its related KRW 6% per annum from December 31, 2015 to November 7, 2018.

Reasons

1. Basic facts

A. On September 29, 2014, C Co., Ltd. (hereinafter referred to as “C”) ordered the Defendant to set up 3,000 Lununununununununc and 3,000 Lununununcul.

B. After notifying C to the effect that “the Defendant would not directly manufacture and request other companies,” the Defendant, around October 2014, requested C to manufacture and deliver the said goods to the Plaintiff.

C. On October 3, 2014, the Defendant specifically discussed the matters concerning the production of the C and the Korea Development Bank and the Korea Development Bank. On October 3, 2014, the Defendant issued a work order to D, who is a person in charge of the Plaintiff’s Chinese factory, and explained the contents thereof. Since then, the Defendant urged D, who continued to contact D in China, to “the rapid production of home shopping broadcasting” to urge D to “the rapid production of the water supply for home shopping broadcasting,” and issued an additional order to the Korea Development Bank.

C paid 10,000,000 won to the Plaintiff at the Defendant’s request on October 29, 2014.

E. The Defendant ordered the Plaintiff to “delivery to the F department of E Limited Liability Corporation, a person in charge of the Chinese side of C, of the completed goods.”

F. Until October 2014, the Plaintiff supplied the above Fbuging totaling of KRW 3,00 and KRW 94,578,000, including the Lununununununll 12,00.

G. After completing the delivery of the above goods, the Defendant made a request to the representative director C to the effect that “A, who received a tax invoice directly from the Plaintiff, shall pay the Plaintiff money directly.”

H. The Plaintiff issued a tax invoice of an amount equivalent to KRW 94,578,00 in C on October 31, 2014, but did not receive KRW 84,578,000 for the remaining goods.

I. C paid 84,578,000 won for remaining goods to the Plaintiff on June 29, 2015 in installments over five times from October 31, 2015, but paid in six times from December 30, 2015 to six times when it is not performed. If it is not performed, the Plaintiff’s legal measure is raised.

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