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(영문) 서울서부지방법원 2014.12.18 2013가합36088
물품대금
Text

1. The Plaintiff; Defendant A’s KRW 52,750,000 from August 3, 2013; Defendant B from August 3, 2013; and Defendant B from KRW 37,005,362.

Reasons

Basic Facts

Defendant A is a person who engages in manufacturing, wholesale, or retail business of a camera image device in the trade name of Defendant A.

Defendant B (hereinafter referred to as “Defendant B”) is a business entity in the United States in which Defendant A is the representative.

On December 27, 2010 and September 19, 2011, the Plaintiff and Defendant B entered into a contract to supply and sell all kinds of medical appliances and related software produced and sold by the Plaintiff to Defendant B exclusively (hereinafter “goods supply contract”).

On December 20, 2012, the Plaintiff drafted an estimated invoice with the content that an importer (for example, item C (C; hereinafter referred to as “C”) supplies a total of 202,820,000 won for AI-HD camera 200 units (type 160 units, class 130-2 units, class 40-2 units; hereinafter referred to as “instant camera”), other accessories, etc. taking the human body as C (hereinafter referred to as “C”).

On July 12, 2013, Defendant B ordered the Plaintiff to supply 50 of the instant Kameras 200 to Defendant A’s Republic of Korea operated by Defendant A, and requested Defendant A to supply 50 of the instant Kameras (hereinafter “request for separate supply”).

On July 19, 2013, the Plaintiff supplied 50 of the instant camera to Defendant A and issued a tax invoice to Defendant A on the day.

In addition, on the same day, the Plaintiff sent 150 of the instant camera to Defendant B, and Defendant B received the instant goods around the 26th day of the same month.

Meanwhile, Defendant B paid the Plaintiff KRW 20,00,000 in advance payment in 201 with the instant camera, and paid KRW 101,59,734 on December 22, 2012 and KRW 81,59,734 on December 22, 2012.

In addition, Defendant B paid advance payment and delivery expenses in 2013, as shown in the attached sheet of settlement, and the Plaintiff supplied the instant Kameras parts to Defendant B, etc.

Accordingly, the balance of the supply price by the carmer transaction of this case is recorded in the attached sheet of settlement.

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