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(영문) 인천지방법원 2020.02.05 2019가단228314
기타(금전)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from May 18, 2019 to February 5, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 15, 2015, the Plaintiff engaged in ice wholesale and retail business: (a) sold the Plaintiff’s products from D on December 15, 2015 to at least KRW 100 million (value-added tax separate); (b) the Plaintiff entered into a ice sales contract with D with subsidies of KRW 15 million to support the five equipment (hereinafter “instant sales contract”); and (c) the part relating to the instant case is as follows.

Article 2 (1) of the Sales Contract Act provides D with an exclusive supply of 21.5 won as of 100 won for general products and goods, and 1,000 won as of 1,00 won for regular products, and 576.5 won as of 1,000, in principle, payment for the supplied products shall be made in cash simultaneously with the delivery of the products

(2) Recognizing the settlement of a bill within a given period of time under a prior agreement, the due date for the settlement of a bill shall be within 30 days from the date of issuance.

(3) D shall sell the Plaintiff’s product at least KRW 100 million (other than supply price and value added tax) during the term of this contract, and the contract period shall be automatically extended until the completion of the sale.

Article 3 The plaintiff shall assist D with the following matters on condition that D faithfully implement the terms of this Agreement:

1) In the following cases, Article 4 (2) 5 and 4 (3) shall be paid to the Plaintiff, as penalty, an amount equivalent to two times the amount of support provided under Article 3 or thirty percent of the amount of sales agreement under Article 2 (3):

(1) In the event that D does not meet the sales target (the sales agreement amount of section 2(3)) but D does not meet the sales target (2) or when D intentionally or by negligence violates this contract or it is impossible to continue this contract;

B. On the same day, the Defendant jointly and severally guaranteed the D’s obligation to the Plaintiff according to the instant sales contract.

C. According to the instant sales contract, the Plaintiff paid D KRW 15 million on December 21, 2015 to D, and supported 5 equipment, and at least KRW 32,016,141 (including value-added tax) by December 2018.

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