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(영문) 전주지방법원 2019.06.14 2018가단27951
물품대금
Text

The defendant shall pay 111,913,281 won to the plaintiff and 15% per annum from October 9, 2018 to the day of complete payment.

Reasons

On September 1, 2017, the Plaintiff and the Defendant concluded a sales agency contract with the content that the Plaintiff supplies LPG to the Defendant.

(A) The authenticity of the entire document is presumed inasmuch as the Defendant also acknowledges that the stamp image next to the Defendant’s trade name is based on the seal of the Defendant. The Defendant asserts that the Plaintiff’s employee was affixed and sealed against the Defendant’s will, but there is no evidence to acknowledge this). The Plaintiff supplied LPG to the Defendant according to the above sales agency contract (including container inspection expenses up to February 201, 2018) the amount unpaid by the Defendant reaches KRW 116,963,281 (including container inspection expenses up to February 1, 2018) (Article 2, 3, 4, and 11). The Defendant asserts that the Plaintiff’s supply price of LPG is excessively set and should be reduced.

However, the LPG supply price is deemed to be calculated in accordance with the provisions of Paragraph 1 of the Agreement among the above sales agencies contracts, and the fact that other companies supplied the supply price is lower than that of the above sales agencies can not be reduced arbitrarily.

Agreement among the sales agencies contracts of this case

2. In Section 2, in light of the following: (a) the Defendant had to bear the inspection costs under the statutory provisions of the containers generated or collected in the Defendant’s selling act; (b) the inspection costs borne by the Plaintiff related to the Defendant from March 2018 to September 2018 are KRW 2,090,000 (Evidence 10; (c) but it appears that the Plaintiff had claimed the said inspection costs together with the supply costs of LPG from February 2018 (Evidence 2); (d) the Defendant has signed on the confirmation certificate of claims and obligations premised thereon (Evidence 3); and (e) the amount is credibility in light of the monthly inspection costs up to the period that the Defendant signed on the confirmation certificate of claims and obligations up to the period that the Defendant signed on the confirmation certificate of claims and obligations.

2) The Plaintiff, in the instant sales agency contract, shall pay 20,000 won to the Defendant at 1st LPG 1st.

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