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(영문) 서울중앙지방법원 2016.05.10 2015가합16731
물품대금 등
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 565,421,645 and Defendant A Co., Ltd. from July 30, 2015.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) on January 12, 2012.

(2) Of the terms and conditions of the sales special agreement, the part related to this case among the terms and conditions of the sales special agreement is as follows. Article 2 (Business Place) of the sales special agreement provides that the goods supplied by the Plaintiff shall be sold to the Plaintiff in its own name at the business place of the Defendant A at its own expense. Article 4 (1) of the sales special agreement provides that the Plaintiff shall supply the goods of clothing, etc. to the Defendant, and the Defendant A shall purchase them from the Plaintiff. (3) The Defendant A shall order the Plaintiff in writing in accordance with the sales plan to provide the appropriate quantity of goods, and the Plaintiff shall supply them. (1) The Plaintiff may determine the recommended consumer price of the goods supplied to the Defendant A. (2) The price of the goods supplied by the Plaintiff to the Defendant is calculated based on the supply ratio of the goods to the recommended consumer price (as approximately 60%). Article 7 (Payment) (1) provides the goods supplied by the Plaintiff to the Plaintiff within 10th of the following month after the end of the month, and the Plaintiff shall pay repair charges to the Plaintiff for repair and repair charges (2).

The total price of the goods supplied is KRW 2,059,331,734, and the price of the goods currently unpaid is KRW 468,069,739.

3. The Plaintiff’s place of business is at the risk of fostering Defendant A’s place of business.

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