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(영문) 서울중앙지방법원 2014.08.13 2013가합83454
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 515,925,00 and the interest rate of KRW 20% per annum from November 27, 2013 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff (1) B operated D at a joint wholesale market (hereinafter “joint wholesale market”) and run a wholesale business and goods brokerage business. On February 13, 2013, the Defendant concluded a contract under which B and the Defendant purchased work from a mountain subcontractor and again supplied work to the Defendant or an enterprise designated by the Defendant (hereinafter “instant contract”).

(2) However, in the instant contract, B and the Defendant did not directly purchase goods and supply them to the Defendant or the Defendant’s designated enterprises, but if B purchases the excess goods listed by the mountainous district collaborative enterprises through electronic commerce, the mountainous district collaborative enterprises directly supplied the goods to the delivery place, confirm whether the mountainous district collaborative enterprises properly delivered the goods to the delivery place (the Defendant’s direct sales store or the Defendant’s customer), the quantity of the excess goods supplied, and quality inspection agreed to be responsible for the Defendant.

The reason why this method is selected was that the delivery of tasks directly from the mountainous district to the delivery area designated by the defendant without going through B-D, and the distribution cost, etc. can be seen.

The defendant paid to B the amount of goods paid by B 30 days after the purchase date of the goods by means of electronic commerce, plus 2-3% profit (1,000 won per box to 2,000 won).

(3) According to the instant contract, from February 6, 2013 to August 22, 2013, the Defendant ordered B or the Plaintiff to take an amount equivalent to KRW 2,611,225,00 (including B or the Plaintiff’s profit) in total. The Defendant ordered B to purchase any task listed in the electronic commerce market by E Co., Ltd. (the representative F; hereinafter “E”) or F individual, a mountainous partner, in the joint market. The Defendant ordered B to purchase any task listed in the electronic commerce market. Upon the Defendant’s instruction, B paid the goods price to the joint market after receiving the bid for the tasks listed by E or F individual in the electronic commerce manner.

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