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Reasons
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(영문) 인천지방법원 2015.09.01 2014가합14128
물품대금등
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1. The Defendant’s KRW 115,160,440 for the Plaintiff and KRW 6% per annum from February 1, 2014 to December 17, 2014.

Reasons

1. Facts of recognition;

A. On February 2013, the Plaintiff entered into a basic contract with the Defendant for sales agencies (hereinafter “instant basic contract”) with respect to the continuous transaction of the products related to the storage batteries produced by the Plaintiff (hereinafter “instant products”). The main contents related to the instant case are as follows.

Article 2 [Basic Contracts and Individual Agreements]

1. The price of the goods offered by A (referring to the plaintiff; hereinafter the same shall apply) to B (referring to the defendant; hereinafter the same shall apply) shall be the factory price (based on the arrival of the warehouse of B) of A presented in advance by A, and B shall be resold at the price determined by B (hereinafter referred to as "regular price").

Article 3 [Contract Term]

1. The contract term between A and B shall be one year from the date of this contract.

Article 6 [Settlement of Payments)

1. The cost of goods shall be paid in cash on the order of the goods and on the last day of the following month after the shipment of the goods;

2. If Party B delays the amount of goods and any other obligation to be paid to Party A, Party A may claim against Party B the amount to be received from Party B plus the interest rate within the statutory maximum interest rate, and Party B shall pay it to Party A by treating it as equal to the amount of the goods.

B. From April 30, 2013 to December 31, 2013, the Plaintiff supplied the Defendant with the instant product worth KRW 149,938,800 in total in accordance with the instant basic contract. From June 3, 2013 to October 31, 2013, the Plaintiff received KRW 34,778,400 as the price for the instant product from the Defendant.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant’s payment of KRW 115,160,400 (=149,938,800 - 34,778,400) to the Plaintiff and the payment of the unpaid amount after the date of settlement, which the Plaintiff seeks from February 1, 2014.

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