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(영문) 인천지방법원 2021.01.26 2019나5208
물품대금
Text

Of the judgment of the first instance, the Plaintiff’s KRW 15,090,120 against the Defendant and its related thereto from January 1, 2019 to January 26, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is an individual entrepreneur engaged in the service business and retail business, such as photograph, flas, liquid, etc., with the trade name of “C,” and the Defendant is a company engaged in the manufacture and sales business, etc., and the “D” refers to the Defendant’s Abugraphic Business Department or its brand.

B. From January 2014 to September 2018, the Plaintiff received an order for the production of Albagle from the Defendant and supplied Albagle to the Defendant. From January 2018 to October 2018, the Plaintiff manufactured and supplied a total of KRW 33,809,600, and a total of KRW 9,297,000, from October 20 to December 12 of the same year.

(c)

On May 2018, the Defendant issued to the Plaintiff a total of KRW 15,000,000 at face value and KRW 5,000,000 at face value on October 30 of the same year with the name of the commodity price generated from January 2018 to September 9, 2018, and issued each household tax list consisting of KRW 5,00,00 at face value and KRW 5,00

7. 18.5,100,000 won and 6,000,000 won each on October 24, 198 and 31,100,000 won each (=15,00,000,000 won) paid 5,10,000,000 won each.

(d)

On the other hand, with respect to the F EXPO opened in E, the Plaintiff received an order from the Defendant for the purpose of display and promotion, and supplied the Defendant with a total of 212 photographs over three occasions from March 2016 to October 201 of the same year (hereinafter “E sampling”).

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4, and 11, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion is obligated to pay the Plaintiff the remainder amount of KRW 12,006,60 [29,600 [3,809,600 Won - KRW 31,00], KRW 9,297,00], KRW 5,793,120, and KRW 4,461,40, in total, KRW 261,120, and KRW 120,00, in order to supply Chinese samples to the company around 2016 (hereinafter “China samples”) supplied by the Defendant, and the Defendant is obligated to pay damages for delay.

B. The Plaintiff and the Defendant’s assertion (i) occurred from January 2018 to September 201.

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