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(영문) 서울중앙지방법원 2019.11.14 2018가단5014314
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Counterclaim Plaintiff.

Reasons

1. Basic facts

A. The party’s position-Counterclaim Plaintiff supplied golf products to C (hereinafter “C”) from around 2015 to around 2017, with a company that imports and sells golf products and other sports products.

On July 1, 2015, the counterclaim Defendant completed the registration of the business that runs the wholesale and retail business of golf products in the Sungnam-si E and the second floor F, with the trade name D.

On the other hand, C was a private business entity that was originally operated by G, and was established as a stock company on May 21, 2015, and run a business such as wholesale and retail business, consignment sales business, online sales business, etc. in Sungnam-si E, Sungnam-si E, H, I, and J, which is the location of its principal office. G was appointed as its representative director.

B. The details of transactions between the Lessee and C, such as golf products, and C, are as follows:

The Lessee supplied goods on credit while trading with C, and C demanded a security for the credit payment of goods.

On April 1, 2016, the special agreement point contract was drawn up retroactively on January 1, 2016 between the Counterclaim Plaintiff and the Counterclaim Defendant.

Then, around April 8, 2016, the above G was issued a surety insurance policy for the performance of the sales amount, which was concluded and issued by the K Company and the counterclaim Defendant, the representative of D, and the insured, as the counterclaim, and submitted to the counterclaim.

Meanwhile, during the period from May 31, 2016 to October 31, 2016, the Lessee failed to pay the price for the golf products on credit, the Lessee accounted for the recovery of the supplied goods as specified in the following table, and the Lessee demanded a security continuously raised by KRW 50 million.

Accordingly, G promised to raise the secured amount of KRW 50 million on the side of the Lessee. Accordingly, G promised to raise the secured amount of KRW 141,042,560 on October 31, 2016, and accordingly, G’s golf products worth KRW 100,168,650, a double the guaranteed amount of KRW 141,042,560 on the goods to be returned to the Lessee, are left on the side of C, and remainder.

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