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(영문) 서울중앙지방법원 2015.09.04 2014가합564875
매매대금
Text

1. The Defendant (Counterclaim Plaintiff) Company B and the Defendant C jointly and severally with the Plaintiff (Counterclaim Defendant) amounting to KRW 173,005,800 and that amount.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Circumstances leading to the dispute of this case;

A. The Plaintiff is a company that concludes a sales contract with D (hereinafter “D”) and purchases and sells mobile devices produced by D. The Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company that purchases and sells mobile devices from the Plaintiff and sells them to the consumers.

Defendant C is the representative director of the Defendant Company.

Since around 2011, Defendant Company was engaged in the business of receiving devices from D and selling them to consumers. Since around April 2012, Plaintiff was established and entered into a total sales contract with D, Defendant Company entered into an agency contract with the Plaintiff and began to be supplied with devices from the Plaintiff.

B. 1) On May 25, 2012, the Plaintiff and the Defendant Company concluded an agency contract with the following terms and conditions (hereinafter “instant agency contract”).

The Defendant C agreed to jointly and severally perform all obligations owed by the Defendant Company to the Plaintiff under the instant agency contract with the Defendant Company. The Plaintiff and the Defendant Company entered into an agency contract as follows. The purpose of the agency contract is to realize common interests based on mutual cooperation and trust by prescribing all matters pertaining to the supply of goods by the Plaintiff and the sales and payment of the Defendant Company by prescribing the matters pertaining to the supply of goods by the Plaintiff and the sales and payment of the Defendant Company.

1. Products supplied by the Plaintiff to the Defendant Company under this Agreement are portable terminals and other related products (including products manufactured by the Plaintiff through a third party; hereinafter referred to as “goods”).

2. The amount of goods supplied by the plaintiff shall be determined at the request of the defendant company.

Article 4 (Sales Price) The supply price of goods the plaintiff sells to the defendant company shall be determined and notified by the plaintiff.

§ 8.

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