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(영문) 서울남부지방법원 2020.12.17 2020가단265352
납품대금
Text

Defendant B shall calculate the amount of KRW 10 million to the Plaintiff at the rate of 12% per annum from August 21, 2020 to the date of full payment.

Reasons

1. The parties' assertion

A. On September 9, 2019, the Plaintiff supplied 10,000 won per piece of 10,000 discount to the Defendants (hereinafter “instant discount”). As such, the Defendants are jointly and severally liable to pay KRW 100 million to the Plaintiff.

B. Defendant C is not a party to the instant Onnuri supply contract.

Defendant B heard from D that the instant discount was KRW 50 million per unit, and paid KRW 110 million to the Plaintiff, and received KRW 11,000,000 around April 2019 and KRW 10,000 on September 10, 2019.

Therefore, Defendant B did not have any obligation to pay the price for goods any longer to the Plaintiff. Even if the instant non-exclusive cost per unit was KRW 10,000 per unit of household affairs, the instant non-exclusive cost was limited to KRW 1,500 per unit, and the Plaintiff did not have any function to talk. The Plaintiff did not issue a tax invoice.

2. Determination

A. First, according to the health stand, Gap evidence Nos. 3, 5, and 7 as to whether defendant C is a party to the non-exclusive supply contract of this case, the defendant Eul issued the plaintiff a business registration certificate of "E" as recorded by the business entity of defendant C, and the plaintiff's name was stated in the "consumer" column at the time of the supply of the non-exclusive supply of this case, but it is acknowledged that the plaintiff stated the name of the defendant Eul in the "customer" column. Meanwhile, according to each of the above evidence No. 13 evidence No. 13, according to the whole purport of the statement and arguments as to the above evidence No. 13, the plaintiff supplied the non-exclusive supply of this case by receiving orders from the defendant Eul through D, and it seems that the plaintiff claimed the non-exclusive payment of this case only to the defendant Eul prior to the lawsuit of this case. According to the above circumstances,

B. Considering that the unit price of the instant discount is the health unit price, as well as the overall purport of the entries and arguments in the evidence No. 4 as seen earlier, it is reasonable to view the unit price of the instant discount as KRW 10,000 per unit price.

C. The defendants are the non-exclusive cost of this case 1.

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