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(영문) 서울고등법원 2017.03.10 2016나2041201
물품대금등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. (1) On January 23, 2012, the Plaintiff entered into a consignment agency contract between the Plaintiff and B to operate a mobile phone and communications device store in the name of “F” (hereinafter “instant consignment agency contract”). The Plaintiff entered into a consignment agency contract with the Plaintiff to vicariously perform the Plaintiff’s business of purchasing goods and services, managing customers including fees, and providing follow-up services to customers (hereinafter “instant consignment agency contract”).

(2) Article 7 of the consignment contract of this case provides that "the consignment agency shall pay all the receipts received from the customer in connection with the consignment service to the Plaintiff by 14th day of the following business day (Paragraph (2)), and where the consignment agency fails to perform its duty to pay the receipts, it may collect the same late payment amount as the interest rate (7.3%) under Article 24 (2) from the consignment agency (Paragraph (3)." Article 23 provides that "in relation to the goods such as terminals supplied to the consignment agency by the Plaintiff, the consignment agency shall pay the full amount of the goods upon receipt of the goods (main sentence of Paragraph (1)), and if the Plaintiff establishes a credit date, the last day of the following month of the month following the month in which the sales of wire goods takes place, and the consignment agency shall pay the payment within the credit date (Paragraph (Parag. 2 and (3)), and Article 29 provides that "the contract period shall be extended by 111 year prior to the expiration of the contract period and one party shall be notified in writing to the other party(1).

(3) From February 2012 to December 2012, the Plaintiff supplied goods to B according to the orders of individual goods (terminals, etc.) under the instant consignment agency contract.

(4) B delays the payment of the terminal price from October 31, 2012, and charges received from December 2012.

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