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(영문) 대구지방법원 2015.09.25 2014가단50095
물품대금
Text

1. The Defendants jointly share KRW 31,639,640 among the Plaintiff and KRW 28,403,640 among the said money, and KRW 31,63,640 from April 9, 2015, and March 3.

Reasons

1. Facts of recognition;

A. The Plaintiff is a stock company that engages in the manufacturing and selling business of Ansan and Ansan, and the Defendant A is a person who actually runs the personal business of the trade business name called "C", and the Defendant B is a person whose representative is indicated in the above C's business registration certificate.

B. Around May 2013, the Plaintiff received orders from Defendant A, who introduced himself as the representative of “C”, for the delivery of 4,000 letters bearing D’s trademark D’E.

Accordingly, on May 20, 2013, the Plaintiff supplied a number of 4,000 letters to a branch office designated by Defendant A, Es home shopping logistics center.

The Plaintiff and Defendant A decided to sell the above writing for KRW 148,00 per unit through the ste shopping, and the price for supply supplied by the Plaintiff to Defendant A was set at 48% of the unit price of sale.

(hereinafter) As above, the letter delivery contract entered into between the Plaintiff and Defendant A is called the “instant supply contract.”

Defendant A sold 148,00 won per unit of the initial arrangement from the primary broadcast in S. Home shopping, but sold at the lower rate of sales without prior agreement with the Plaintiff after the second broadcast. D.

Accordingly, the Plaintiff requested the return of the letters that have not been sold to the Defendant A, and the Defendant A returned 3,125 items to the Plaintiff three times from August 6, 2013 to March 6, 2013.

Defendant A returned prior to the arrival of the transportation cost, and the Plaintiff paid the transportation fee upon receiving the returned prior rental fee.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2-1-3, 3-8 evidence, the purport of the whole pleadings

2. Determination

A. Part 1 of the claim for the supply of the prior language is ordered to the Plaintiff as the subject of the responsibility, and the representative of the main supply terms and conditions are Defendant A. In the process of negotiating the order and supply terms and conditions, Defendant A himself was the representative of “C” (the foregoing recognition is recognized).

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