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(영문) 서울남부지방법원 2014.07.23 2014가단5801
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

가. 원고는 설탕조미료, 밀가루, 식용유 등 식료품 판매업 등을 목적으로 하는 법인이고, 피고는 체인사업 및 그 부대사업 등을 목적으로 하는 법인으로 “아딸”이라는 상호로 떡볶이 전문점 가맹사업을 운영하고 있다.

B. On March 28, 2011, the Defendant entered into a contract on the payment of logistics and business management fees, under which distribution of the floor between the distribution of the floor and the distribution of the floor provides the Defendant with logistics services, such as storage and delivery of raw materials, and distribution of the floor, to pay the Defendant the business management fees.

According to the above contract, goods that the floor distribution is to be supplied to the defendant's franchise store shall be exclusive goods (goods bearing a side trademark), commercial goods (goods without a side trademark, such as sugar), and all changes in items, size, price, etc., the addition or deletion of items, etc. shall be implemented after prior consultation with the defendant (Article 2 subparagraph 1), and the selection of purchasing places and quality standards, the designation of purchasing prices and sales prices of goods other than commercial goods, and the selection of purchasing prices and sales prices shall have the unique authority of the defendant (Article 4 subparagraph 1), the price of goods arising from the supply of goods of the floor distribution shall be collected directly from the defendant's franchise store under the responsibility of distributing the floor, and shall not be directly requested to the defendant for the collection of the price of such goods.

(Article 8(2)) is an appeal.

C. From November 30, 2013, until November 30, 2013, the Plaintiff supplied goods to the distribution center of floor distribution and was not paid part of the goods.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 12-2, the purport of the whole pleadings

2. Determination

A. After concluding a contract for the supply of goods with the Defendant, the Plaintiff supplied goods to each center of ridge distribution under the Defendant’s direction. Since November 10, 2013, the price for goods supplied and received after the supply was 65,288,800 won.

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