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(영문) 서울중앙지방법원 2016.09.08 2014가단177496
청구이의
Text

1. The Defendant’s payment order against the Plaintiff A was based on the Seoul Central District Court Decision 2013 tea172941.

Reasons

1. Facts of recognition;

A. On March 28, 2011, Plaintiff A and the Defendant, a selling company, entered into an agency contract with the effect that the said Plaintiff established an agency, supplied the Defendant’s products, and sold them, and then paid the price (hereinafter “the agency contract in 2011”), and Plaintiff B, as the father of Plaintiff A, jointly and severally guaranteed all obligations that Plaintiff A owes to the Defendant.

Article 23 of the agency contract in 2011 provides that “The term of validity of this contract shall be 12 months from March 28, 2011 to March 27, 2012, and the transaction after the expiration of the term of contract shall be deemed as a temporary transaction with no period of time.”

B. On April 1, 2011, Plaintiff A completed business registration with the trade name of “C”, and supplied products, such as beverages, from the Defendant, and operated an agency business (hereinafter “the instant agency”). At the time of the end of the agency contract in 2011, Plaintiff A was employed as a member of the National Assembly’s secretary around the end of the agency contract in 201, Plaintiff A transferred the said agency business to Plaintiff B, and worked at a new workplace after completing the report of business withdrawal on May 25, 2012.

C. On May 25, 2012, Plaintiff B completed a report on the change of the business entity of “C” and continued to engage in the agency business that supplied and sold products from Defendant from around that time to June 2013.

The Defendant asserted that the Plaintiff A operates the above agency business and did not pay KRW 40,792,583 of the goods supplied by the Defendant. Of them, the Defendant filed an application with the Seoul Central District Court No. 2013j172941 to seek payment for the remainder of the goods except KRW 10,000,000 guaranteed by the surety insurance policy.

On September 3, 2013, "the plaintiff paid 30,792,583 won to the defendant and 20% per annum from the following day of service of payment order to the day of full payment, and 25,800 won for demand procedure."

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