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(영문) 서울고등법원 2018.06.21 2017나2042713
납품대금 채권 등
Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the payment order exceeds the following amount.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The status of the parties A is a non-permanent corporation that operates automobile parts manufacturing business, Oral part manufacturing business, etc., Plaintiff B is an entity with the trade name of E, whose type of business includes gold (ground Treatment), etc., and the Defendant is a person who operates the F, which is a trade name of F, whose type of business is manufacturing Oral part, etc. of Oral part.

B. The Defendant’s price for the goods unpaid by the Defendant was supplied with goods, such as gold, pen, and serial board, from the Plaintiffs during the period specified on the issuance date of each invoice of the details of Plaintiff A’s outstanding amount and Plaintiff B’s outstanding amount. The price for the goods unpaid to Plaintiff A as of November 16, 2015, is KRW 88,812,930, and the price for the goods unpaid to Plaintiff B, which was KRW 6,648,600.

C. From August 2010, the Defendant received necessary expenses from the Plaintiff from around August 2010, and engaged in interpretation, business activities, etc. for the Plaintiff A. On November 24, 2014, the Defendant entered into a contract with the Plaintiff for specialized management and business agency (hereinafter “instant contract”).

A. The purpose of the contract of Article 1 of the Specialized Management and Business Agreement is “A” (the defendant; hereinafter the same shall apply).

) and “B” (Plaintiff A, hereinafter the same shall apply)

b)the purpose of this paper is to clearly stipulate all the matters, such as mutual rights, obligations and responsibilities, etc., when the Defendant sells all the products produced by the Plaintiff A in the course of this transaction on the specialized management of this case and the entrustment of business.

Article 3 Claim for Business Expenses and Fees

1. The defendant's business expenses shall be paid in cash in the amount of 6 million won per month to the account designated by the defendant.

2. The Defendant’s fees shall be based on 2% of the export amount, and this condition shall apply from November 2015.

Article 5 Matters to be Observed by Plaintiff A

5. The plaintiff A shall serve as the defendant and the contract period.

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