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(영문) 서울중앙지방법원 2015.04.28 2014가합22104
물품대금
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs supplied books to the Defendant with island distributors, and the Defendant is a company that sells books on its website (htp:/www. intersect.com).

B. From March 31, 2007 to September 30, 201, Plaintiff A supplied the books of the amount indicated in the relevant supply column of attached Form 1 (Sales) from August 31, 2011 to March 31, 2014, when Plaintiff B finished supplying the books.

The above plaintiffs' addresses are same.

C. The Plaintiff Co., Ltd. from January 13, 2006 to December 31, 2008; the Plaintiff Co., Ltd. from January 15, 2009 to March 31, 2009; and the Plaintiff Co., Ltd from January 15, 2009 to March 31, 2009; the Plaintiff Co., Ltd from April 15, 2009 to October 25, 2010, the time the Plaintiff Co., Ltd completed the delivery of books; and the Plaintiff F supplied the books of the amount indicated in the relevant supply amount in attached Form 1 (Sales) from October 31, 2010 to September 15, 2012.

Plaintiff

G from January 3, 2007 to December 31, 2013, G supplied the books of the amount stated in the relevant supply amount in Attached Form 1 (Sales).

[Reasons for Recognition] Unsatisfy, each entry of Gap evidence 1 to 9 (including each number)

2. The parties' assertion

A. The Plaintiffs’ claim 1) 1) - The Plaintiffs supplied the books of the amount indicated in [Attachment 1] to the Defendant.” However, the Defendant, taking advantage of its superior position, shall use the amount calculated by multiplying the supply amount by a certain ratio, by the advertising expenses and their value-added taxes (hereinafter “advertising expenses and their value-added taxes,” including advertising expenses and their value-added taxes.

It unilaterally deducted from the name of ‘the other goods' and paid only the other goods.

Ultimately, the Plaintiffs did not receive the price for commodities equivalent to the amount stated in the attached Form 1’s unpaid advertising and publicity expenses and value-added tax.

Therefore, the defendant shall pay to the plaintiffs each amount stated in the column of attached Form 1 with the amount of unpaid goods.

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