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(영문) 수원지방법원성남지원 2016.04.27 2014가합105
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 212,618,760 and interest rate of KRW 15% per annum from February 12, 2014 to the date of full payment.

Reasons

1. Facts of recognition;

A. From January 2012, Defendant B, while working as the Plaintiff’s place of recycling, entrusted the sale of recycled products purchased by the Plaintiff from the Plaintiff, and sold them to the Plaintiff and then paid the Plaintiff the purchase price for recycled products that the Plaintiff should pay to the local government.

B. On December 18, 2012, the Plaintiff entered into a sales contract for the purchase of recycled products (hereinafter “instant sales contract”) based on the quantity of the recycled products generated from Macheon-si to Macheon-si from January 1, 2013 to December 31, 2013 (hereinafter “instant recycled products”).

C. From January 2013 to August 2013, pursuant to the instant sales contract, the Plaintiff received delivery of the instant recycled products amounting to KRW 32,421,640, March 2013, 2013, KRW 37,586,770, KRW 36,732,490, the sum of KRW 30,487,487,410, and KRW 212,618,76,760, and KRW 218,760, in total, pursuant to the instant sales contract.

From January 2013 to August 2013, Defendant B sold the instant recycled products to D, E, F, etc. (hereinafter “instant secondary sales contract”). According to the instant sales contract, Defendant B voluntarily consumed KRW 212,618,760, an amount equivalent to the sales price under the instant first sales contract, out of the sales price received from the said collectors pursuant to the instant second sales contract, and did not pay to the Plaintiff.

E. Meanwhile, on July 10, 2013, Defendant B agreed to pay approximately KRW 160,000,000, out of the amount equivalent to the purchase price under the instant sales contract that was not paid to the Plaintiff until that time (hereinafter “instant agreement”) by the end of July of the same year, and Defendant C pursuant to the instant agreement.

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