(영문) 서울동부지방법원 2019.08.21 2018가단127751

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(영문) 서울동부지방법원 2019.08.21 2018가단127751

대여금반환 청구의 소

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1. The Defendant’s KRW 178,531,769 for the Plaintiff and the Plaintiff’s 15% per annum from August 28, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On December 28, 2017, the Plaintiff entered into a contract for the supply of goods, such as kitchen supplies, with a contract term of one year from the Defendant (hereinafter “instant contract”). The key contents are as follows.

Article 1(Purpose)The purpose of this Agreement is to determine the basic rights and obligations between both parties in the purchase transaction of goods between the plaintiff and the defendant for the purchase of goods sold by the plaintiff through broadcasting, car sloping, Internet round-up, etc.

Article 6 (Supply of Goods)

1. The kinds, specifications, quantities and prices of the goods to be supplied by the Defendant to the Plaintiff, and the place of delivery of the goods, and the delivery date shall be based on this contract and the terms of individual contracts that the Plaintiff and the Defendant conclude separately.

2. The defendant shall deliver the goods in the form that can be delivered in compliance with the place and date set forth in the individual contract under paragraph 1.

3. The defendant shall compensate the plaintiff for damages due to delay in delivery where the agreed delivery date has expired due to a cause attributable to himself/herself.

Article 11 (Prohibition of Payment and Reduction of Price of Delivered Goods)

1. The plaintiff shall pay the price of delivered goods by cash means, such as cash and loan against security of credit payment, within two months from the closing date of sale.

2. Where the plaintiff pays the price of delivered goods after the expiration of the period prescribed in paragraph (1), the interest calculated according to the interest rate publicly notified by the Fair Trade Commission shall be paid for the excess period

3. The defendant may request advance payment of part of the price of delivered goods prior to the period specified in paragraph (1). The plaintiff shall determine whether to make advance payment in consideration of the defendant's credit rating, transaction performance, etc.

Article 28 (Cancellation of Contracts or Termination of Contracts)

1. Where any of the following causes occurs, the plaintiff and the defendant shall notify the other party of his/her intention in writing:

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