(영문) 대구지방법원김천지원 2016.07.13 2016가단1485

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(영문) 대구지방법원김천지원 2016.07.13 2016가단1485

물품대금 등

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1. Defendant C’s KRW 25,00,000 and the Plaintiff’s annual rate of KRW 5% from March 31, 2016 to July 13, 2016, and the following.

Reasons

1. Basic facts

A. The Plaintiff is running a wholesale and retail business for bicycles and leisure goods with the trade name “E” in the Gu and Si of the Gu.

B. On July 25, 2013, the Plaintiff entered into an investment trading agreement with Defendant B, who operates “F” as follows:

Article 1(a) The Plaintiff shall supply the products, etc. at the price determined by the Plaintiff according to the order of Defendant B, and the Defendant B shall pay the price in cash to the account designated by the Plaintiff in accordance with the terms and conditions of the transaction after receiving the products. Article 3(a) of the Investment Terms and Conditions: the Plaintiff shall provide the Defendant B with all the goods: (e) the cost for the sales of the bicycles received from the investment money is paid to the Plaintiff on the day by the Defendant B, and the cost for the sales of the bicycles may be invested up to KRW 0,000,000,000.

(j) From July 1, 2013 to June 30, 2018, the contract term is five years. From September 15, 2015 to September 15, 2015, the contract term is terminated due to the relocation from G to H from September 15, 2015 to September 15, 2019, Article 10 of the revised contract term is recovered and legal measures A) with respect to the store products provided by the Plaintiff to Defendant C, the relevant products shall be recovered by applying 30% reduction compared to the principal amount, and the additional 30% reduction shall be applied to each one year, and the additional 30% reduction (30% to 70%) shall be applied to the collection, and the Defendant C shall be the principal provided by the Plaintiff at the time of the Plaintiff not paid.

Article 11 (Compensation for Damages) At the time of December 22, 2015, the Plaintiff did not pay the principal and fees of sales in arrears for at least one month until December 22, 2015, but the Plaintiff did not pay the principal and fees of 12,902,770 won. However, at the request of Defendant C, the payment date extended by December 31, 2015

C. On December 22, 2015, the Plaintiff entered into an additional agreement with Defendant C as follows.

* Conduct a inventory inspection on December 23, 2015 and additional embezzlement.

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