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(영문) 서울동부지방법원 2016.01.22 2015가단19132
매매대금
Text

1. The Defendant’s KRW 13,192,684 as well as 6% per annum from May 30, 2014 to January 22, 2016 to the Plaintiff.

Reasons

The plaintiff is a company aimed at the import, manufacture, distribution, sale and export of alcoholic beverages. The plaintiff was supplied with the main products by the defendant.

Plaintiff’s assertion

The plaintiff asserts as follows as the cause of the claim of this case.

The Plaintiff agreed with the Defendant to pay to the Plaintiff the amount equivalent to 10.5% of the above liquor price as incentives when the Plaintiff purchased alcoholic beverages from the Defendant. Since the Plaintiff purchased alcoholic beverages equivalent to KRW 9737,160,00 from September 2, 2013 to December 12 of the same year, the Defendant paid KRW 94,577,40,00 of the above liquor price to the Plaintiff, even though the Defendant paid KRW 93,978,00 of the above liquor price to the Plaintiff ( KRW 8), the remaining KRW 59,401 (= KRW 94,57,401 - KRW 93,978,978,000) should be additionally paid.

The Plaintiff returned to the Defendant an amount equivalent to KRW 126,191,130 ( KRW 92,659,830 returned alcoholic beverages around May 2014) of the total amount of KRW 33,531,300 returned alcoholic beverages ( KRW 92,659,830 returned alcoholic beverages returned around April 2014) that was returned by the Defendant as a result of a tax investigation conducted by the competent tax office around March 2014, the Defendant shall pay the Plaintiff KRW 126,191,130 of the returned alcoholic beverages.

On June 11, 2014, the Plaintiff received KRW 4,930,362 from the Defendant as part of the liquor price returned.

In addition, the Defendant deducted the Plaintiff’s liquor amount of KRW 28,667,485 from the above return amount, which is an affiliated company of the Defendant, from the Plaintiff’s return amount, and the Plaintiff did not object to such a mutual aid. Therefore, the said debt was deducted.

Therefore, the Defendant is obligated to pay the remaining amount of KRW 92,593,283 (i.e., KRW 126,191,130 - 4,930,362 - 28,667,485) to the Plaintiff.

C. Therefore, the Defendant’s total amount of KRW 93,192,684 = 599.

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