(영문) 서울동부지방법원 2014.09.24 2013가합105777

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(영문) 서울동부지방법원 2014.09.24 2013가합105777

물품대금

Text

1. The Defendant’s KRW 214,576,239 as well as 6% per annum from November 9, 2013 to September 24, 2014 to the Plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1, 2, 5, Eul evidence No. 1, Eul evidence No. 2-13 to 17, Eul evidence No. 4, and the purport of the whole pleadings:

From around 2006, the Defendant concluded a household supply contract with the non-flag test (hereinafter “non-flag test”) and supplied the household. At the time, the Plaintiff and the Defendant concluded a household supply agreement (hereinafter “the instant household supply agreement”) with the Plaintiff to settle the price by again paying part of the price of the goods that the Defendant received from the non-flag test, excluding the Defendant’s profit, upon ordering the Defendant to pay the price of the goods to the Defendant.

According to the instant household supply agreement, the Plaintiff supplied a household from around the time to the non-frithy, and received the price from the Defendant. From January 2013, the Plaintiff and the Defendant agreed to pay the Plaintiff the remainder after deducting ten percent of the price of household supply (including value added tax) that the Defendant received from the non-frithythy test as the price of household supply goods.

Accordingly, from January 2013 to May 201, the Defendant paid to the Plaintiff the remainder after deducting the amount equivalent to 10% of the household supply amount (including value added tax) that the Defendant received from the non-flag test for the goods supplied by the Plaintiff on the non-flag.

In accordance with the instant household supply agreement, the Plaintiff supplied each of the households equivalent to KRW 139,242,40 (including value-added tax) on June 2013, and KRW 172,042,310 (including value-added tax) on July 2013, and the Defendant received each of the above goods from the date of the non-landpology.

2. According to the above facts of recognition of the cause of the claim, the defendant shall, unless there are special circumstances.

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