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(영문) 서울중앙지방법원 2017.06.09 2016가단5247684
대금반환 등 청구의 소
Text

1. The defendant shall pay 137,01,000 won to the plaintiff and 15% per annum from March 1, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 4, 2015, the Plaintiff entered into a domestic total sales contract with the Defendant designating sales tickets (hereinafter “instant contract”) with the following terms and conditions (hereinafter “instant contract”).

Subject matter: The purpose of the instant model is HV-50 KR high-class (HV-50 KR), HV-570 KR (hereinafter “instant model”) of Defendant Development: the Plaintiff has the authority to exclusively sell part of the domestic exclusive products ( home shopping, major discount stores, double-markets, and special market). The supply unit price for the Defendant to perform the support of the instant model - HV-50-KR: 103,000 won (including additional tax): 122,000 won (including additional tax): 1,000,000,000 won - the Plaintiff may request the Plaintiff to pay for more than 20,000,000 won for the purpose of the total sales contract deposit - the Plaintiff may, after completing the instant contract, pay for less than 20,000,000 won for more than 260,000 won for more than 260,000 of the total sales contract at the time of termination of the contract, the Plaintiff may demand the Plaintiff to pay for more than 260,26,00,00.

B. On December 4, 2015, the Plaintiff transferred the total amount of KRW 200,000,000 to the Defendant under the instant contract.

C. On December 31, 2015, the Defendant issued and delivered to the Plaintiff each of the tax invoices consisting of the supplier, the Plaintiff who received the instant model, and the total sales amount of 3,568,000.

On January 18, 2016, the Plaintiff pertaining to the schedule for home shopping broadcasts to the Defendant.

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