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(영문) 제주지방법원 2017.01.20 2016가단54215
물품대금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 2,849,142 and Defendant B Co., Ltd. from June 14, 2013.

Reasons

Basic Facts

A. On April 23, 2014, the Plaintiff entered into a sales contract (entrusted) with Defendant B Co., Ltd. (hereinafter “Defendant Company”) on part of the eight floors among the eight floors of the Jeju-si D Building under the joint and several guarantee of Defendant C, as follows (hereinafter “instant contract”).

Article 1 (Indication of Object and Terms and Conditions of Transaction and Term of Contract)

4. Jeju Jeju Jeju Jeju Island, separate from fees, 60%, and the remaining sales products: 50%;

6. Period of contract: Article 4 (Management of Facilities, etc.) from April 30, 2014 to April 29, 2015;

1. In principle, exhibitions, advertising boards, etc. to form shops by Eul shall be borne by Eul;

2. The recruitment of facilities, equipment, and staff related to coffees and stores shall be borne by A (Defendant Company).

Article 8 (Prohibition of Transfer of Rights, Sublease, etc.)

1. B shall not assign, resell, sublease, sub-lease, pledge, or offer as security any rights under this contract, without obtaining written approval from Gap;

2. In the event of a violation of the preceding paragraph, A may terminate this Agreement, and B may not raise an objection against it.

Article 13 (Matters of Special Agreement) (7) Additional 7-14 and 7-14 A and B may claim compensation for damages to the other party if the other party has suffered losses due to a breach of contract provisions and commercial order due to a cause attributable to the other party.

When the contract is terminated, A shall return the goods supplied by B on the day it is possible to sell them.

50% of the sales price at the time of non-performance shall be compensated for Eul.

B. Since then, the goods supplied by the Plaintiff to the Defendants are KRW 17,94,150 based on the supply price. Among them, the remaining goods sold by the Defendants are KRW 13,829,880 based on the supply price. The sales price of the goods sold by the Defendants is KRW 16,35,720, and among them, the amount equivalent to the commission under Article 1 of the instant contract is KRW 8,387,400.

C. The Plaintiff received the product price from the Defendants under the instant contract.

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