(영문) 서울서부지방법원 2015.07.09 2015나896

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자간(%)

(영문) 서울서부지방법원 2015.07.09 2015나896

물품대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On November 2005, the Plaintiff supplied the Defendant with a contract term of one year with the Defendant at a price of 60 to 70% of the fixed price, and the Defendant settled the sales proceeds at the end of each month. However, since the Plaintiff entered into a regional total sales contract with the content that the Defendant shall return the publication to the Defendant on an annual basis, the contract was renewed every year and the publication was supplied to the Defendant pursuant to the automatic extension agreement.

B. During that period, the Plaintiff sent to the Defendant an advance payment for the year 2012 that the return of the portion for the year 2012 would have been completed by October 2012 and would have reached the Defendant at that time by sending the “Advance payment for the year 2012 (Evidence B)” to the effect that the Plaintiff would supply the publication at an amount equivalent to 40% of the fixed price if the amount would be paid by October 30, 2012, while disclosing that the return of the portion for the year 2012 would have been completed by the end of October 2012.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1, and the purport of whole pleading

2. The party's assertion and judgment

A. The Plaintiff’s assertion (i) is 14,953,450 won the remainder after deducting the sales proceeds and the value of the returned published materials paid by the Defendant from the value of the published materials supplied by the Plaintiff during a transaction until November 20, 2012. The Defendant returned on May 24, 2010, 9 (4,800 won/right), 5 English text interpretation in 2006 (4,200/right), 9 (4,200/right), 300 English language interpretation in 206 (4,200/right), 305 (3,000 won/right), 200 won based on Chinese language x 3050 won x 2050 won (3,000 won/right) 】 2050 won (per 3,000 won/right) supplied by the Plaintiff, respectively.

[1] has the obligation to return KRW 3,830,70].

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