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The defendant's 280,139,177 Won and its related 6% per annum from March 1, 2020 to May 22, 2020, and the following.
Reasons
1. Basic facts
A. The Plaintiff, who operated a C-free shop, was supplied with and sold letters from the Defendant. As the Plaintiff finished the duty-free shop business, the Plaintiff decided to return the goods supplied on May 2019.
B. On July 10, 2019, the Plaintiff applied for approval from the head of Seoul Customs Office for the release of related goods, and returned the writing that was taken out around that time to the Defendant.
C. On August 30, 2019, the Defendant issued the so-called “Masp Tax Invoice” as to KRW 280,139,177 of the price of the goods of Pagle returned to the Plaintiff. On January 13, 2020, the Defendant sent a document stating that the accounts payable will be returned as follows:
31,670,590 GaNVIN 62,848,591 TTRAL 44,134,840 TTS 138,654,02 return case 23,061,302 ESCAD 49,690,690,334 POL 68,733,520 TTRAL 141,485,156, GTS 280,139,177 / [Grounds for Recognition] 141,485,156, GTRAL 280,139,57 / [Attachment of number 138,654,02, 23,061, 35, or 7
2. Determination
A. According to the facts acknowledged earlier, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 280,139,177 as well as damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from March 1, 2020 to May 22, 2020, which is the service date of the original copy of the payment order of this case, from March 1, 2020, which is the service date of the original copy of the payment order of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. The Defendant’s return of letters to the Plaintiff is in violation of Article 10(1) of the Fair Transactions in Large Franchise and Retail Business Act (hereinafter “Large Franchise and Retail Business Act”), which provides that “Large Franchise and Retail Business Operators shall not return all or part of the goods supplied without justifiable grounds.” Thus, the Plaintiff’s return of the relevant proceeds.