logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.06.24 2016가단101565
물품대금
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On March 9, 2011, the Plaintiff entered into a sales contract with the Defendant to purchase at KRW 120,000 digital video storage devices (limited to DVR; hereinafter “DV”) at KRW 120,000 (hereinafter “instant first contract”), and paid KRW 50,000,000 to the Defendant as down payment, and was supplied by the Defendant around April 9, 201.

B. On July 20, 201, the Plaintiff prepared and issued a written statement of performance that the Plaintiff shall pay KRW 25,000,000,000, out of KRW 70,000 to the Defendant under the instant contract No. 1, until August 13, 2011, and the remainder of KRW 45,00,000,00 each by September 30, 201.

C. On September 11, 2012, the Plaintiff entered into a contract with the Defendant to sell the said DV and distribute the sales proceeds by October 30, 2012, upon mutual agreement with the Plaintiff, upon the low sales of DVR.

(hereinafter referred to as “instant 2 contract”). At the time of entering into the instant 2 contract, the Plaintiff and the Defendant were scheduled to be a party to the contract, but C did not have the fact that it actually signed and sealed the instant 2 contract.

The main contents of the second contract of this case are as follows.

4. The Plaintiff recognizes that among the DVRs partially moved from the Defendant’s warehouse, opening and defective products were treated by scrap scrap, and unregistered products were sold by small volume sampling for the sale of goods. The Plaintiff pays an appropriate amount to the Defendant and C by mutual agreement when disposing of the entire goods.

5. When the goods located in the plaintiff's warehouse are transferred to the defendant's warehouse, the defendant's total quantity is accurately verified, and all persons who are to be transported on the spot shall directly check and affix a document and seal thereto.

6. When the main goods in the defendant's warehouse are distributed and sold even one unit of goods in the delivery of the goods, they will be released after confirmation with the plaintiff's consent.

On the other hand, the instant contract No. 2 is that Nonparty D’s moving volume DVR 275 U.S. MV 275 among the mobile volume DV 499, opening DV 224, arrival volume DV 126 Non-Party DV 126.

arrow