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Reasons
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(영문) 대구지방법원 2018.09.14 2017가단109738
물품대금
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1. The defendant shall be the plaintiff.

(a) KRW 35,023,260 and 6% per annum from February 17, 2017 to April 20, 2017; and

Reasons

1. Chief;

A. The Plaintiff’s assertion 1) The Plaintiff is a company selling and distributing cosmetics, etc. and the Defendant purchased cosmetics from the Defendant. The Defendant is a company engaging in the wholesale and retail business and export business, which sells cosmetics to the Plaintiff. 2) Conclusion of a contract for the sale of cosmetics and the receipt of goods

(a)the supplier shall supply to the person to whom the product is supplied with the following conditions:

(1) Products manufactured after 2014 (2) whose expiration date has expired since 2017.

(b)the supplied amount shall be 10 per cent of the consumer price of the product;

The contract shall be valid from the time when the first down payment of 25 million won has been deposited in the designated passbook.

(e)the supplier shall deliver to the person who is supplied with the inventory by September 30, and the person who is supplied shall confirm the final list of goods by October 10;

(f) the confirmed stock will be transferred to another person not later than October 15, and the balance will be transferred to another person in full.

Article 3 (Other Matters)

A. A supplier shall prepare and supply a list of failed cosmetics, and a supplier shall run a system based on the stalking list. A) Conclusion of a contract for sale of cosmetics and payment of KRW 37,531,350 to the Plaintiff shall enter into a sales contract for the amount equivalent to KRW 37,531,530 on September 22, 2016 (hereinafter “instant sales contract”).

The main contents of this case are as follows. After entering into the sales contract of this case, the Plaintiff paid the Defendant the down payment of KRW 25 million, and the Plaintiff paid KRW 10 million on December 2, 2016, and KRW 2,531,350 on January 2, 2017, and paid KRW 37,531,350 on the sales proceeds. (B) The Plaintiff received part of the cosmetics from the Defendant first, and received all of the cosmetics on October 1, 2016.

3) The Plaintiff was to receive cosmetics from the Defendant, and the Plaintiff was to receive the same.

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