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(영문) 서울남부지방법원 2018.08.14 2017가단229868
중계수수료
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) KRW 144,866,470 as well as the full payment from August 9, 2017.

Reasons

1. On October 13, 2016, the Plaintiff and the Defendant agreed to sell D (hereinafter referred to as “products”) imported by the Defendant of Australia C (hereinafter referred to as “ Australia”). However, the Plaintiff entered into a business partnership agreement with the Australia to have the Defendant take charge of the overall business affairs with the Australia company so that the products can be stored into the Defendant’s logistics warehouse.

The Plaintiff and the Defendant agreed on the product price per unit under the above business partnership agreement as KRW 13,750 (including value added tax, the money paid to the Australian company through the credit, and the brokerage commission and the transportation clearance fee paid to the Plaintiff) and allowed the Defendant to sell the product by monopoly for one year.

The Defendant ordered 16,800 products on October 12, 2016 under the above business partnership agreement, and 3,200 products on November 2, 201, respectively. On November 10, 2011, the L/C was issued by applying USD 8,000 per unit price to the aggregate of the above products.

20,000 won of the above product was supplied to the defendant, and the defendant did not pay 3,096,220 won of the above price.

On the other hand, the Plaintiff supplied products to E and sold them before entering into a business partnership agreement with the Defendant. However, E decided to suspend selling from November 10, 2016, and thereby supplied 13,750 won per unit (including additional tax) to the Defendant.

The defendant did not pay KRW 8,456,250 out of the above price.

Since then, the Defendant demanded that the Plaintiff lower the unit price by presenting conditions, such as the Plaintiff’s import of 40,000 products, and that the Plaintiff agreed to lower the unit price by 12,375 won on the condition that the Defendant issued a letter of credit regarding 40,00 products until the end of February 2017.

On February 3, 2017, the Defendant opened a letter of credit on 20,000 products (for each page, USD 8 per unit and volume, KRW 2% per unit), and the Plaintiff supplied 20,40 products.

F, who is an employee of the defendant, is at the time of the above order.

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