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Reasons
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(영문) 서울서부지방법원 2015.01.15 2013가단41229
물품대금 등
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1. The Defendants are jointly and severally liable to the Plaintiff for 47,468,954 won and 5% per annum from October 29, 2013 to January 15, 2015.

Reasons

1. Basic facts

A. A. On September 2012, the Plaintiff purchased an importer from the business partner and supplied the Defendants with the importer, the Defendants agreed to pay the Plaintiff the amount of the goods purchased from the business partner with the profit of 16%, and the Defendants engaged in the business of importing and selling the goods.

B. From October 19, 2012 to February 7, 2013, the Plaintiff supplied the Defendants a total of KRW 180,530,640, as indicated in the details of supply of the attached goods.

(The supply value by November 30, 2012 is 69,754,180 won, and the supply value after December 1, 2012 is 110,776,460 won.

From December 1, 2012, the Plaintiff and the Defendants agreed to pay to the Plaintiff only 10% profit for the value that the Plaintiff purchased from the customer as the price for the goods.

The Defendants repaid to the Plaintiff the sum of KRW 140,60,000,000, as indicated in the attached Table, and paid KRW 1,000,000 on October 19, 2012 to the customer who sold the Plaintiff with the income accrued prior to October 19, 2012, and paid KRW 10,00,000 to D who sold the income accrued to the Plaintiff, and paid KRW 3,70,000 on March 30, 2013 to D who sold the income accrued to the Plaintiff.

【Ground for Recognition: Unsatisfy Facts; Gap evidence 1 through 6; Gap evidence 3 and 7; each statement (including each number); the purport of the whole pleadings)

2. Determination:

A. As to the cause of the claim (1) around September 2012, the Plaintiff purchased an importer and a customer from the Defendants and supplied them to the Defendants, the Defendants agreed to pay the amount equivalent to the purchase price to the Plaintiff, as well as pay 16% of the above supply price as sales profit. From October 19, 2012 to February 7, 2013, the Plaintiff supplied the Defendants with goods equivalent to KRW 180,530,640 to 69 times. The Defendants included KRW 10,000,000, which was subrogated by the Defendants to the Plaintiff’s customer.

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