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(영문) 대구지방법원서부지원 2015.04.09 2014가합3642
매매대금반환
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 40.870,000 won and the period from April 16, 201 to April 9, 2015.

Reasons

1. Facts of recognition;

A. On June 2006, the Plaintiff, a dentist operating a D Hospital, concluded a contract with Defendant C, through which the Plaintiff was working as an employee of the E (E) selling company, with the contract amounting to KRW 30 million (hereinafter “E”).

B. In around 2007, the Plaintiff, under the name of “F,” entered into a contract for the supply of sets with the Defendants selling eggs supplied by “Cowaldy” (hereinafter “Cowaldy”) at a contract price of KRW 50 million, three times every three years, including entering into a contract for the supply of sets at a contract price of KRW 50 million, etc. by three times every three years, and the contract for the specific year is called “the instant supply contract” and the contract for the specific year is called as “the pertinent annual supply contract.”

(A) signed and paid advance payment (based on recognition). [The grounds for recognition] did not dispute, Gap evidence Nos. 1, 3, and 4 (including paper numbers), the purport of the whole pleadings.

2. The parties' assertion

A. Plaintiff’s assertion 1) In the event that the goods equivalent to a certain percentage are additionally supplied in proportion to the contract price in addition to the premium rate as indicated in the following table with the Defendants, the Plaintiff entered into the instant supply contract with 400% and paid the Defendants a total of KRW 120,000,000 in advance. The Defendants entered into the supply contract with 400% on July 50, 2007 under the supply contract with the amount equivalent to the goods to be supplied with the premium rate of KRW 400,000 on 250,000 on 208 under the supply contract with the Defendants for 200,000 won on April 30, 2008, 300,000 won on 150,000,000 won on 150,000 won on 10,000 won on 20,000 won on 200,000 won on the supply contract with the Defendants.

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