(영문) 광주지방법원순천지원 2017.06.15 2016가합357

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(영문) 광주지방법원순천지원 2017.06.15 2016가합357

물품대금 등

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1. The defendant shall pay to the plaintiff KRW 73,187,283 as well as 5% per annum from May 20, 2016 to June 15, 2017.

Reasons

1. Grounds for recognition: Facts without dispute, Gap evidence 1, 2, 4, 9, 10, 11 (including paper numbers; hereinafter the same shall apply);

(ii) the entry in Category B(6) and the purport of the entire pleading

A. On October 29, 2009, the Plaintiff entered into an agency contract with the Defendant to be supplied with goods, such as verbal and virtual bags (hereinafter “instant agency contract”) and sold goods supplied by the Defendant while operating “B agency.” The Plaintiff’s mother substantially operated the said agency.

B. C, as the agency operation was difficult due to health reasons, agreed to terminate the instant agency contract with the Defendant D, and the Plaintiff sold the owned goods at a discount of 40% on September 2015, and suspended the agency business from the end of September 2015.

C. C returned some of the inventory goods from August 2015 to September 9, 2015, and the Defendant sent them to the Defendant. On October 15, 2015, the Defendant notified the Plaintiff to the effect that “the said goods have already been returned to the prescribed quantity under the contract and are impossible to return the remainder of the goods.”

Article 2(6) of the Agency Agreement (Supply and Management of Products) The Plaintiff may not return to the goods supplied by the Defendant, provided that (1) at the time of the cancellation of the contract, the said goods may be evaluated and returned in accordance with the separate provisions of the head office. (2) At the time of the cancellation of the contract, the said goods may be returned to less than the margin (20%) and 20 per cent (20 per cent) of the amount of the shipped stock of the city at the time of the cancellation of the contract. (2) at the price of the goods at discount, the goods shall be supplied at the price of cash sale at 5 per cent for the sales of the goods at discount recognized by the discount seller, and at the

Section 2 at the discount of 0% of the separate fee-free discount agency 0% 10% of the separate fee under the Additional Agreement, 5% of the agency 5% of the subsidy of 10% of the previous 5% of the head office : The terms and conditions of the contract transaction are as follows:

On the other hand, the instant agency contract and the additional agreement shall be returned.

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