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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2015.11.27 2015나4307
물품대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. From August 8, 2009 to November 27, 2012, the Plaintiff traded with the Defendant with a household. Specifically, if the Plaintiff supplied the Defendant with a household, the Defendant shall pay an amount calculated by adding 5% of the value of supply to the value of goods: Provided, That in the case of displayed goods, only when the goods are sold to the customer without return, the Defendant notified the Plaintiff of the fact of sale and then traded by the method of paying the price of the goods.

B. From August 8, 2009 to March 29, 2010 during the above transaction period, the details of transactions are as shown in the attached sheet (after each supply, a normal settlement was made at the end of each month). During the above period, the Plaintiff supplied the Defendant with the display goods in the attached table 1, 3, and 6 for three times in total, as shown in the attached sheet 1, 3, and 6 (hereinafter “the instant neons sets”), and among them, in the case of Saturdays and Baratan, the Plaintiff supplied the goods from each Defendant on December 26, 2009 and March 29, 2010, but the Plaintiff failed to receive the payment without being notified of the sales of the goods.

C. On the other hand, around August 1, 2010, the Plaintiff notified that the Plaintiff would reduce the supply price of the Netherlands from KRW 3,100,000 to KRW 2,850,000, from around September 1, 2010.

[Ground of Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 through 4, Gap evidence 4, Gap evidence 5-1, 2, 3, Gap evidence 6, Eul evidence 3-1, 2, 3, Eul evidence 4, Eul evidence 5-1 through 13, Eul evidence 6-1 through 4, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion and judgment

A. In the instant case where there is no dispute as to the determination of the cause of the claim as to the fact that the Lao had already been sold to the Defendant’s customer (if there is a dispute as to the point of sale), the above recognition is followed.

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