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(영문) 대구지방법원 2017.01.20 2016가단103962
매매대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant (the Defendant used the trade name “B”) operated the consignment agency of each corporation (hereinafter “K”) while running each mobile phone wholesale and retail business.

B. Among them, the Plaintiff, Defendant, and C (hereinafter “D”) established the mobile phone wholesale and retail company E with the same business around August 16, 2010 and entered into a contract for the integration of the case and the contract period of one year (one-year extension) under the name of E on September 13, 2010, and thereafter traded with the case in the name of E.

C. Thereafter, around March 2012, K’s integrated management policy was revoked, and E’s business operation under the same business contract was completed in fact, and the Defendant concluded a contract with K and a new consignment agency with the trade name of “B.”

On the other hand, from March 2012 to April 2012, the Defendant accepted 43 handphones and 71 handphones in custody of the Plaintiff. The Defendant’s acceptance of the above goods (E to B’s inventory transfer) by the Defendant, among which, regarding the portion on March 2012, the E’s debt amounting to 30,429,300 won was treated as (-), and the Defendant’s debt amounting to 30,429,300 won was treated as (i).

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, fact-finding results on the case of this court, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is seeking payment of the price for delivery of the above Handphone terminal, etc., and the defendant asserts that the goods delivered by the plaintiff are not entitled to the plaintiff's right to the plaintiff.

B. According to the judgment E and K agency contract (No. 3), E must pay the full amount of the cost of goods at the same time as the acquisition of a device, etc. supplied by the case, and pay the full amount of the cost of goods in cash, provided that the payment may be deferred by a fixed date for the smooth business activities of the case’s agency.

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