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1. All appeals filed by the Defendant (Counterclaim Plaintiff) and the Defendant B are dismissed.
2. The costs of appeal are assessed against the Defendant (Counterclaim Plaintiff) and A.
Reasons
1. Determination as to the Plaintiff’s claim against the Defendants
A. Facts of recognition 1) Spring water bearing the trademark “fururce” (hereinafter “instant goods”).
(3) On October 1, 2010, the Plaintiff, a manufacturing and selling company, made an agency contract with the content that the Plaintiff shall continuously supply the instant goods to the “C Commercial” operated by Defendant A and his/her women (hereinafter “instant contract”).
In concluding the contract, Defendant A provided the Plaintiff with a performance guarantee insurance policy with the amount of KRW 20,00,000,000,000 per month as of the date of delivery of the instant goods, on the 10th, 20, and 30th, monthly settlement on the basis of the date of delivery of the instant goods, and paid in cash at the time of delivery of the Plaintiff’s Public Organization Equipment (per unit price of KRW 20,000). Defendant A agreed to pay in addition to 6% damages for delay if the payment is delayed. (2) On October 22, 2010, Defendant A provided the Plaintiff with a performance guarantee insurance policy with the amount of KRW 20,00,000,000 to guarantee the payment of the amount of credit to the Plaintiff during the contract period of this case. Defendant B provided a joint and several surety debt to the Plaintiff under the instant contract.
3) Although the Plaintiff requested additional security by increasing the sales price of the instant goods on credit of Defendant A, the Plaintiff received an objection as to the security and the amount of debt that was already provided by Defendant A, and notified Defendant A of his intent to terminate the instant contract on January 4, 2012, and the instant contract was actually terminated at that time. 4) The sales amount and the sales amount of the instant goods from October 2010 to January 2012, 2012, and the quantity of tamps not recovered after shipment are as follows.
It means that the annual sales revenue (won) of non-retributed 2010 and 3,672,390,000,003 " 117,813,813,4741,485,900 " 125,307,822-5, non-retributed 125,307,82-5 are the negative number, it means that the number of recoverys exceeds the monthly sales revenue of the relevant month.