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(영문) 서울중앙지방법원 2018.01.23 2017가단5135955
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 66,326,116 and its payment from November 22, 2017.

Reasons

1. Facts of recognition;

A. On June 30, 2016, the Plaintiff and the Defendant entered into a contract for the supply of cosmetics (hereinafter “instant contract”). The main contents are as stated in the attached contract.

B. The Defendant placed an order for cosmetics pursuant to the instant contract and ordered the Plaintiff to pay KRW 30,435,000 (including value-added tax; hereinafter the same shall apply) on July 4, 2016, and the same year.

7. 13.30,000,000 won, and the same year.

7. 14.41,015,000 won paid in total,01,450,000 won.

C. With respect to the payment received as above, the Plaintiff’s cosmetics amounting to KRW 31,837,600 on July 15, 2016, and the same year

7. The cosmetics equivalent to KRW 9,954,280 have been supplied on September 29, 299, and the same year;

8.1. Payment of KRW 2,00,000 as a result of a partial refund of any of the above amounts received, in the same year.

8.4. 57,658,120 won supplied cosmetics.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Determination

A. As seen earlier, the Plaintiff’s summary of the Plaintiff’s claim is obligated to pay to the Plaintiff damages for delay, such as KRW 15,918,420 and the written purport of the claim, on August 4, 2016, as well as cosmetics equivalent to KRW 101,450,00, which were supplied, to the Defendant on August 4, 2016.

On the other hand, the Plaintiff’s assertion is correct as to cosmetics supplied on August 4, 2016, with an amount equivalent to KRW 73,606,70 or an amount equivalent to the number of employees KRW 73,576,540, which was issued a tax invoice, and KRW 15,918,420 based on the amount on the tax invoice - KRW 73,576,540 - 1-

57,658,120 won recognized in this subsection.

It seems that ‘the purpose of ‘ is'.

2. We examine the judgment of the court below. ① Under the contract of this case, the plaintiff supplied cosmetics to the defendant on the next day after the payment of all remaining amounts, and ② for the first time by the defendant.

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