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(영문) 서울중앙지방법원 2016.11.24 2016가합516412
물품대금
Text

1. Defendant A shall pay to the Plaintiff KRW 318,574,515 and the interest rate of KRW 15% per annum from May 30, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On May 30, 2015, the Plaintiff’s operation of a cell phone and communications device store under the trade name of Defendant A and Defendant A, “C”, and “A” refers to the Plaintiff’s operation of a mobile phone and communications device store, and “A consignment agency contract under which the Plaintiff will act as an agent for the Plaintiff’s affairs such as the Plaintiff’s purchase of goods and services, customer management including the receipt of fees, and follow-up services

AB concluded the agreement.

B. Article 7 of the instant consignment agency contract provides that the consignment agency shall pay all the receipts received from the customer in connection with the consignment service to the Plaintiff by no later than 14 business day following the following business day (Paragraph 2), and where the consignment agency fails to perform its duty to pay the receipts, it may collect the same delay additional charges as the interest rate under Article 24(2) from the consignment agency.

Paragraph 3 shall be defined as "Article 23," and in relation to the goods of terminals, etc. supplied by the plaintiff to the entrusting agency, the entrusting agency shall pay in cash the price of the goods at the same time as the receipt of the goods (main sentence of paragraph 1), if the plaintiff has a credit date, the last day of the month following the month in which the sale of the radio goods is made, and the last day of the month following the month in which the sale of the radio goods is made, and the entrusting agency shall pay the price within the credit date

Paragraph 2 of Article 24 provides that "If the entrusted agency fails to pay the price of the goods within the relevant credit date, the entrusted agency shall pay to the plaintiff the amount of increase calculated by applying the rate of 7.3% per annum for the number of delayed days to the plaintiff by applying the rate of 7.3% per annum to the radio common.

"" is defined as ".

C. From around 2015, Defendant A began to delay the performance of the obligation to pay for the goods to the Plaintiff. As of March 23, 2016, Defendant A: (a) KRW 239,750,077; and (b) premium for the payment for the goods as of March 23, 2016; (c) KRW 24,594,436; (d) KRW 49,735,307; and (e) premium for the said public charges; and (e) premium for the said public charges.

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