(영문) 서울남부지방법원 2014.06.03 2013가단226175

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(영문) 서울남부지방법원 2014.06.03 2013가단226175

물품대금반환

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1. The Defendant: (a) KRW 50,00,000 and the Plaintiff’s annual interest thereon from July 20, 2013 to December 18, 2013; and (b) on December 19, 2013.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings by either the plaintiff and the defendant, or by the statement in Gap evidence Nos. 1 through 7 (including paper numbers).

The Plaintiff and the Defendant entered into a contract with the Plaintiff on April 4, 2012 under which the Plaintiff, as the Defendant’s branch, to establish a sales agency in the said business zone and to exclusively supply products supplied by the Defendant to all agencies. The Plaintiff agreed to purchase products of KRW 396,00 in the goods supplied by the Defendant, KRW 396,00 in the goods supplied by the Defendant, KRW 429,00 in the goods of Saturdays, KRW 495,00 in the goods of Saturdays, and KRW 594,00 in the goods of Saturdays, KRW 495,00 in the goods of Saturdays, and KRW 50 million in the goods of each consumer price. The Plaintiff agreed to purchase products of KRW 50,00 in the immediately after entering into the contract.

(B) from the following (hereinafter “instant branch contract”). (B)

The Plaintiff paid KRW 50 million to the Defendant on April 5, 2012, which is the day following the contract date according to the instant branch contract, and the Defendant supplied 22 products of the “decipulation” which is the consumer price of KRW 495,000.

C. The Defendant, through online shopping mall, sold the consumer price of the products of “Towing Bos KIDS” from KRW 396,00 to KRW 300,960; KRW 323,940 to KRW 429,00; KRW 594,00 to KRW 448,540 to KRW 594,00 to KRW 594,00; and KRW 432,830 to KRW 49,00 to KRW 495,00 to KRW 495,00.

On July 19, 2013, the Plaintiff expressed his/her intent to terminate the instant branch contract to the Defendant on the ground that the Defendant violated the instant branch contract by selling the product at a discount of consumer price via the Internet, and returned all the products provided as above.

2. The above-mentioned basic facts concerning the cause of the claim.

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