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(영문) 서울서부지방법원 2020.09.15 2019가단255891
약정금
Text

The defendant's KRW 5,430,120 to the plaintiff and its 6% per annum from October 16, 2019 to October 31, 2019.

Reasons

1. Basic facts

A. The Defendant, a company established on August 3, 2006 for the purpose of regional logistics business, entered Nonparty E as the Defendant’s director for the purpose of new entry into the brand distribution business sector around 2018.

B. On October 8, 2018, E requested the Plaintiff to provide a loan for the FBS business that the Defendant promoted. On the face of the Plaintiff’s pre-payment of the business fund, E took the form in which the Defendant purchased or manufactured goods of the mobile phone amount and sold them to the Plaintiff. The Defendant’s distribution network sold the F products under the Plaintiff’s name through the Defendant’s sales network, and returned the said loan (advance payment) to the Plaintiff in a manner in which the Defendant directly assumes responsibility for the collection of the price, and thereby guaranteeing the Plaintiff’s operating profit.

C. Accordingly, the Plaintiff entered into an agreement with the Defendant as above (hereinafter “instant investment agreement”) and paid KRW 168,00,000 to the Defendant as advance payment.

However, as the Defendant delayed the return of the advance payment to the Plaintiff due to the delay in sales of F mobile phones, the Plaintiff demanded the Defendant from March 2019 to pay the unpaid advance payment. During this process, the Plaintiff and the Defendant drafted a written confirmation on June 24, 2019 with the following contents.

(hereinafter “instant confirmation”). Of the amount of KRW 168,00,000 that the Plaintiff paid in advance to the Defendant, the amount of KRW 120,183,570, which was not returned to the Defendant ought to be paid in full by October 15, 2019.

(1) Of the products sold in KRW 124,041,828 as of June 24, 2019, the items on which payment is completed shall be returned as of the end of each month. 2) For the products sold in the Plaintiff, the said amount shall be offset against the said payments.

E. Meanwhile, until October 15, 2019, the Defendant deducted the product price sold under the Plaintiff’s name pursuant to the instant special agreement, and then deducted the product price from the Plaintiff.

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