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(영문) 전주지방법원정읍지원 2019.07.24 2019가합2051
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 214,478,152 and the interest rate of KRW 12% per annum from January 31, 2019 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a juristic person whose purpose is to chain distribution business and all related business, etc., and the Defendant is a person engaged in trade business, etc. under the trade name of “C”.

B. Article 2 of the Sales Contract on December 7, 2017 (hereinafter “First Contract”) (Basic Matters concerning Sales and Operation of Products)

1. Trade name: D (hereinafter referred to as "goods", and the name of a product may be changed at the home shopping request);

2. Total amount of investments: $91,200.

3. Data broadcasting/ home shopping broadcasting closing: it shall be based on 6% (VAT separate) of the selling price of the SET Party.

4. Payment settlement: The defendant shall pay to the defendant the amount that the plaintiff made in advance after the sale of the product, the amount that the plaintiff made in advance, and the amount of the amount that the above agreed amount and the fees of the mid-term office shall be deducted, and when using the A code, the amount that the plaintiff made in advance after the sale of the product and the amount that the above agreed amount

5. Contract term: until the completion of D sales; and

6. The Defendant is responsible for the inventory of the product after the completion of the sales of the product.

Article 3 (Settlement of Prices for Goods)

1. When the amount of the sales proceeds from broadcasting is collected, the preferential collection of the Plaintiff’s advance payment and the amount of the sales completed shall be based on the principle, and the deducted amount shall be paid to the Defendant;

3. The method of paying the amount of goods shall be paid in cash to the account designated by the Defendant.

5. The payment date shall be within five days from the date of payment by the small and medium enterprise distribution center;

On February 20, 2018, Article 2 of the Sales Contracts (hereinafter referred to as the “Secondary Contracts”) (Basic Matters concerning the Sales and Operation of Products)

1. The name of goods: E (F, hereinafter referred to as "products", and the name of a product may be changed at the home shopping request);

2. Total amount of investments: $115,800.

3. Data broadcasting/ home shopping broadcasting closing: it shall be based on 7% (VAT separate) of the selling price of the SET Party.

4. Payment settlement: The amount that the defendant made after the sale of the product, the amount that the plaintiff made after the sale of the product, the amount that the plaintiff made after the sale of the product, and the mid-term Office.

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