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(영문) 서울중앙지방법원 2018.07.25 2017나77734
물품대금
Text

1. Of the judgment of the first instance, the part against the Plaintiff corresponding to the amount ordered to be paid under the following paragraph (2) shall be revoked.

2.

Reasons

1. Basic facts

A. The Plaintiff is a company running a business such as mobile telephone sales and opening, and the Defendant is a person who runs a telecommunications equipment and a wholesale and retail business of telecommunications equipment with the trade name called C.

B. On October 10, 2016, the Plaintiff entered into a mobile phone sales agency contract with the Defendant (hereinafter “instant sales agency contract”).

Pursuant to the instant sales agency contract, from September 2016 to May 2017, 2017, the sales proceeds such as mobile phones supplied by the Plaintiff to the Defendant, sales commission to be paid by the Plaintiff to the Defendant, and the settlement amount to be paid by the Defendant to the Plaintiff accordingly are as follows:

Serial 11,088,008,8042,306,407,40630,607,407,407,407,407,30630,407,407,4026,4026,407,407,407,7307,407,407,407,407,407,408,406,406,406,405,406, 205, 307,405, 207,406, 106, 207, 106, 106, 207, 56, 2040, 56, 1010, 106, 101, 610, 105, 308, 206, 2016

C. From September 10, 2016 to May 11, 2017, the Defendant deposited 62,782,700 won into the Plaintiff’s private bank account under the above settlement. D wired part of the above amount to the Plaintiff’s bank account. The amount transferred to the Plaintiff’s bank account under the above settlement amount was KRW 2,064,100 on November 30, 2016; KRW 2,109,80 on December 30, 2016; KRW 1,735,00 on May 20, 2017; KRW 6,908,000 on June 15, 2017; + KRW 00,000 on August 30, 200, KRW 1004,000 on August 30, 200, + KRW 1005,000 on August 15, 2000.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, and Eul evidence No. 3 (including each number), and this Court.

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