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(영문) 서울서부지방법원 2016.03.24 2015나32343
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 12, 2006, the Plaintiff is a person who operates B publishing a monthly publication, a short work, and a reference note for students. Around September 12, 2006, the Plaintiff entered into a local sales agency contract with the Defendant for the distribution, sale, management, and collection of the publication published by the Plaintiff (hereinafter “instant sales agency contract”).

B. According to the contract of the sales contract of this case (A evidence 1-1), the Defendant’s sales area is Gangnam-west area (Article 2(3)), and the return of consigned goods is notified by the Plaintiff and the Defendant after consultation with the Plaintiff to the Plaintiff (A) (Article 5(1)), the Plaintiff shall supply the publication to the Defendant at 70% (monthly) and 60-65% (monthly) of the fixed price. The Defendant shall settle the sales price of the reference material in the publication entrusted to the Defendant by the Defendant within the last day of each month, and shall settle the sales price of the reference material in the publication entrusted to the Defendant by the Defendant on the last day of each month (Article 6), and the contract period shall be determined as one year and shall be automatically extended (Article 8) if both parties do not express their intent.

C. On September 30, 2009, the Plaintiff and the Defendant drafted a written confirmation confirming that the book value on the account books under the instant total sales contract is KRW 7,431,550 as of September 30, 2009.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 and 3 (including virtual number) and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion 1) asserts that the total amount of delivery of the books supplied by the Plaintiff to the Defendant is KRW 62,049,50, and the amount paid by the Defendant is KRW 11,150,00, and the amount of the books returned in accordance with the agreement is KRW 24,71,550, and the Defendant shall pay the remainder of KRW 26,187,950 ( KRW 62,049,500 - KRW 11,150,000 - KRW 24,711,50) and the delay damages therefor to the Plaintiff. (2) The Plaintiff asserts that the Plaintiff shall pay the Plaintiff the remainder of KRW 26,187,950 and KRW 24,711,50,000, from September 30, 2009 to January 15, 2014.

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