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(영문) 서울중앙지방법원 2016.04.27 2015나51561
매매대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Comprehensively taking account of the overall purport of arguments in Gap's evidence Nos. 3 through 8 (including paper numbers; hereinafter the same shall apply) as to the cause of the claim, the plaintiff entered into an agency contract with the defendant A Co., Ltd. (hereinafter "the defendant Co., Ltd.") on May 21, 2012, stating that "the plaintiff shall supply the defendant Co., Ltd. with a mobile phone, etc., and the defendant Co., Ltd. shall pay the price within 60 days from the delivery date to the defendant Co., Ltd., and shall bear the premium calculated at the rate of 10.56% per annum if it is delayed (hereinafter "the agency contract of this case"). At that time, the defendant Co., Ltd. has jointly and severally guaranteed the defendant Co., Ltd.'s obligation to pay the defendant Co., Ltd.'s debt under the above agency contract with the defendant Co., Ltd. on June 17, 2014; the defendant Co., Ltd., Ltd. shall be jointly and severally liable to pay the defendant Co. 3080.

2. Determination of the Defendants’ defenses is to be made in accordance with the order of defense. A.

With respect to the set-off by the claim for sales commission against panty house, the Defendants have been supplied and sold by the Defendant Company on the cell phone from panty house Co., Ltd. (hereinafter “panty house”), and due to the default of panty house, the Defendant Company has paid the sales commission of KRW 150,800,000.

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