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(영문) 수원지방법원 2018.04.13 2017가합19848
물품대금
Text

1. The Defendant’s KRW 628,375,00 for the Plaintiff and KRW 6% per annum from May 1, 2017 to August 8, 2017.

Reasons

Comprehensively taking account of the overall purport of Gap evidence Nos. 1 through 3 as to the cause of the claim and the entire pleadings, a consignment contract with the Defendant (hereinafter “instant consignment contract”) was concluded on February 17, 201 in which the Plaintiff attached the trademark with the Defendant and C (hereinafter “C bank”) to the effect that the settlement method would follow D’s net sales volume standards and D’s settlement date (2 months after the date of the final broadcasting date) and D’s settlement date, and that the Defendant will entrust the sale to the Defendant (hereinafter “instant consignment contract”). After which, according to the instant consignment contract, the Defendant concluded the consignment contract on February 17, 2017

2. It is recognized that the Defendant sold a total of KRW 12,425 of C bags through D broadcasts on two occasions, and that the Defendant paid KRW 5,000,000 to the Plaintiff as the price for goods on March 8, 2017 and March 10, 2017.

According to the above facts, the defendant is obligated to pay to the plaintiff 683,375,00 won for the goods under the consignment contract of this case (i.e., 5,000 won x 12,425) less 5,000 won for the person who was already paid to the plaintiff from May 1, 2017 to August 8, 2017, as requested by the plaintiff, 628,375,000 won after deducting 5,000 won for the person who was already paid to the plaintiff, and damages for delay calculated at each rate of 6% per annum as stipulated by the Commercial Act from the following day to the date of the delivery of a duplicate of the complaint of this case until August 8, 2017, and 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

As to the judgment on the Defendant’s assertion, the Defendant requested the Defendant to pay the Plaintiff the goods consignment sale price to the Plaintiff in relation to the lawsuit (Seoul Central District Court 2017Da522681, Seoul High Court 2018Na2012849, currently pending the Seoul High Court 2018Na2012849) that CA, a household manufacturing company, (hereinafter “E”), which is the Defendant, is proceeding separately against F, the Defendant. Thus, the goods consignment price is not payable to the Plaintiff before the result of the lawsuit is determined, and the volume of household sales claimed by the Plaintiff.

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