(영문) 인천지방법원부천지원 2019.09.10 2018가단117052

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(영문) 인천지방법원부천지원 2019.09.10 2018가단117052

물품대금

Text

1. As to KRW 131,173,50 among the Plaintiff and KRW 131,173,300 among them, the Defendant shall start from May 11, 2018 to September 27, 2018.

Reasons

1. Determination as to the cause of claim

(a) Facts below the facts are without dispute between the parties or acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 7.

1) The Defendant entered into a contract for the supply of goods (hereinafter “instant supply contract”) between the Plaintiff and the Plaintiff, which is a merchant engaged in a new wholesale and retail business with the trade name of “C,” and the Defendant entered into a contract for the supply of goods (hereinafter “instant supply contract”) with the content that the Plaintiff would supply the new products to the Defendant after being produced and supplied through a new factory in China upon placing an order for a new design.

Under the instant supply contract, the Defendant received correspondence from the Plaintiff from January 2010 to November 14, 2014 pursuant to the instant supply contract.

(B) During the above period, the Plaintiff and the Defendant agreed first to provide the Defendant with the instant primary goods for the repair of defects and the return of goods, etc., and then to settle the price for the relevant goods after the Plaintiff supplied the instant primary goods. Accordingly, the Plaintiff sent to the Defendant each time the Plaintiff supplied the instant primary goods to the Defendant. (C) After November 14, 2014, the Defendant suspended the order under the instant supply contract with the Plaintiff, and then requested the Plaintiff to pay the unpaid balance out of the price for the instant primary goods supplied to the Defendant.

On January 19, 2015, the Plaintiff and the Defendant: (a) written a statement stating that “The Defendant shall pay the Plaintiff KRW 357,600,000 as the price for the goods unpaid; (b) the amount of KRW 20,000,00 among them shall be paid until January 30, 2015; (c) the amount of KRW 10,000,000 shall be paid from February 30, 2015 to July 30, 2015; and (d) the amount of KRW 15,00,000 shall be paid until August 2015; and (e) the remainder shall be paid at the time of sale of the Defendant’s home.”

After that, the defendant on January 30, 2015.

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