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(영문) 서울동부지방법원 2017.02.14 2014가합13103
상품판매대금
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1. The Defendant’s KRW 174,843,059 among the Plaintiff and KRW 4,774,700 among the Plaintiff, shall be from April 1, 2014, and KRW 808,475.

Reasons

1. Basic facts

A. On February 18, 2014, the conclusion of the instant contract (1) concluded an agency contract with the Defendant (hereinafter referred to as the “instant contract”) under the following terms and conditions, namely, clothing manufacturing and wholesale retail chain, PM design (hereinafter referred to as “MM design”)

Article 4 (Transaction Guarantee)

1. The defendant shall provide 20,000,000 won as the price for basic goods to the IM design.

2. The defendant must set up a right to collateral security with regard to real estate of 50,000,000 won or more through appraisal and assessment as creditor and the defendant as debtor.

4. The defendant shall provide the above three claims to the IM design not later than the date of commencement of the transaction.

Article 6 (Deposit Payments)

1. The defendant shall deposit the full amount of the sales fees, excluding the fixed sales fees, on every Saturday by the designated method in the MM design.

3. Where a portion of sales is not paid or is delinquent in part, the IM design shall be carried out in accordance with the following procedures, and the defendant shall not raise any objection against it:

(A) A IM design may suspend the supply of goods or terminate the contract at will, if the defendant's unclaimed payments are confirmed.

(b) The MM design may claim interest in arrears from the date on which the Defendant’s failure to pay was confirmed, and the interest rate in arrears shall apply in accordance with the interest rate on loans of the principal bank of the M design.

Article 9 (Sales and Forwarding)

1. The defendant shall complete transmission on the day of daily sales through the computer.

Article 11 (Return of Goods)

1.Returns shall be made only with respect to the items designated at the time the MM design is designated, and return the whole quantity of the goods which have not been returned within this period shall be settled at the unit price of 15 per cent at the time of return separately, if any;

Article 15 (Business Obligations)

4.MM design shall be directed against the defendant, if necessary.

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