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(영문) 서울동부지방법원 2018.04.11 2017나25262
물품대금반환 등
Text

1. Of the judgment of the court of first instance, KRW 22,320,40 against the Plaintiff and its related thereto from June 28, 2016 to April 11, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual business operator who sells cosmetics, etc., and the Defendant is a company that imports and distributes cosmetics.

B. On November 28, 2014, the Plaintiff entered into a supply contract for cosmetics, etc. (hereinafter “instant contract”) with the Defendant as follows, and on the same day paid KRW 50,000,000 to the Defendant for the initial purchase price for the product (hereinafter “purchase price”).

Article 1 [Purpose of the Contract] The purpose of this Agreement is to provide for all matters for the stable sale of goods by “the Plaintiff” at a place designated by mutual consultation and designation with respect to “the Defendant” and to promote mutual common interests.

Article 3 [Methods of Supply] The “Plaintiff” requests the “Defendant” through e-mail or facsimile, and the “Defendant” supplies the product to the designated place of “Plaintiff” along with the transaction statement, and the “Plaintiff” shall submit the receipt certificate after the receipt of the product to the “Defendant”.

Article 4 [Place of Delivery and Freight] The “Defendant” shall supply the goods at the place designated by the “Plaintiff” and at the designated date, and the “Plaintiff” shall submit the order to the “Defendant” three business days prior to the expected date of the “product”.

Article 7 [Conditions of Payment and Supply] The Plaintiff shall transfer 100% of the price at the time of ordering the “products” to the designated account of the Defendant, and the “Defendant” shall deliver the amount to the designated place of the Plaintiff within three business days after confirming the amount of deposit.

1) The criteria for the basic purchase amount for a sale contract are as follows: separate supply prices (basic supply price is 40% supply compared to consumer prices, including VAT) 2).

Article 9 of the supply of a separate supply price at the time of initial purchase (including VT) more than 50 million won (including VT) of the new product at the time of the contract (the term of validity of the contract shall be two years from the date of conclusion of the contract, and the contract shall be terminated by both the "Defendant" and the "Plaintiff" one month prior to the expiration of the contract.

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