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(영문) 서울중앙지방법원 2013.10.10 2013가합11435
물품대금
Text

1. The Defendant’s KRW 684,792,90 for the Plaintiff and 6% per annum from July 3, 2012 to December 20, 2012.

Reasons

1. Facts of recognition;

A. The Plaintiff and telecommunications equipment, electronic devices, and their parts are manufacturing and selling business, and the Defendant is a corporation with the aim of selling, installing, and repairing computer products, liquid books, and parts.

On June 20, 2012, the Plaintiff and the Defendant supplied the instant goods (hereinafter “instant goods”) and paid KRW 684,792,900 (including value-added tax) to the Defendant for the purchase of goods, such as HP BLc700 BTS CTS Eniccenter, etc., and entered into a contract for the purchase of goods (hereinafter “instant goods contract”) with the purport that the supply and inspection was completed on July 2, 2012, with the purport that the Defendant paid KRW 684,792,90 (including value-added tax) for the purchase of goods within two weeks after the date of the Plaintiff’s request.

B. The instant goods contract is a multi-level transaction in which the Defendant and the Plaintiff participated in the transaction of supplying information and communications equipment by the Korea Nitart Co., Ltd. (hereinafter “Korea Nitart”), and the goods are supplied through several intermediate stages between the first supplier and the final consumer, and is often used in the goods transaction in the information and communications industry.

The transaction of such multi-level structure is not issued with a certificate confirming that the individual sales contract is concluded between the parties to the transaction at each intermediate stage and the goods are delivered, but the goods are not delivered in reality between the parties to the intermediate transaction but delivered directly to the final supplier.

On the other hand, the intermediate trader has a flat transaction with the original supplier, a person who supplies part of the transaction goods to the original supplier, or a person who provides financial services to the original supplier by advance payment of the price of the goods, etc., thereby gaining profits equivalent to the difference in the purchase price in the previous and previous stages, and raising the transaction performance.

(c) Korea Nitrates;

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