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(영문) 대구지방법원 2018.01.18 2017나4643
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. The Plaintiff is engaged in the ice cream wholesale business with the trade name “D” in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do.

The defendant shall manage the "Frant" in the Cheongbuk-gun E.

B. On May 22, 2006, the Defendant concluded a contract with the term “the time when the agreed sales was achieved” while the Defendant was to be supplied with the ice-based products from the ice-based Co., Ltd. (hereinafter “ice-based products”).

Article 3(a) of the above contract provides that “When the defendant attains the agreed transaction amount within the contract period and pays the full amount of the goods transaction amount, the defendant shall be paid the amount of the incentives of KRW 5,000,000 to the defendant, but the defendant may apply for advance payment to the ice.”

C. On July 22, 2009, the Plaintiff acquired all the business related to the supply of ice cream products to the Defendant, which was trading from ice cream.

As of July 22, 2009, the agreed sales amount against the Defendant of ice, 60,000 won for prior payment incentives, 5,000,000 won for prior payment incentives, 25,140,150 won for actual transaction amounts, 2,904,987 won for prior payment incentives, and 34,859,850 won for remaining transaction amounts of contract sales.

Accordingly, the defendant understood that the plaintiff continues to supply the ice forest on behalf of the existing supplier on behalf of the existing supplier, and confirmed the status of the above claims and obligations.

E. On or after June 11, 2015, the Plaintiff discontinued transactions with the Defendant, and the Defendant paid KRW 6,958,490 of credit account sales to that time and KRW 1,589,027 of the remaining subsidy, and KRW 8,547,517 of the remaining subsidy to that time. However, the Defendant did not pay this.

[Ground of recognition] Unsatisfy, Gap evidence 1, 7, Eul evidence 1 and 4, the purport of the whole pleadings

2. According to the facts of the judgment on the cause of the claim, the above evidence, and the evidence evidence No. 6, the defendant's account receivables 6,958,490 won and the remaining bounty 1,589,027 won and the plaintiff's claim against the plaintiff.

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