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(영문) 서울동부지방법원 2015.08.18 2014가합10722
물품대금
Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 228,144,673 as well as 20% per annum from May 8, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. The Plaintiff is a corporation that engages in the business of selling sports supplies. The Defendants signed an agency supply contract with the Plaintiff as a mother and child, and jointly operate “D” stores located in C and 1st floor in the prime city of the Plaintiff, which sells sports supplies supplied by the Plaintiff.

B. On September 30, 2008, the Plaintiff entered into an agency supply contract with Defendant A, a business operator of the said “D” with the effective period from October 1, 2008 to September 30, 2009, and supplied sports products, such as swimming clothes, equivalent to KRW 1,03,429,592, to the said “D”.

In Article 7 (Settlement of Sales Price) of the above agency supply contract, the above defendant shall deposit the amount after deducting the sales commission agreed from the sales price in cash in the account designated by the plaintiff at the 10th day (5 days, 15 days, 25 days) per month, and shall impose 20% overdue charge per annum at the time of delinquency in payment of sales price.

C. The Plaintiff received part of the price of the goods in KRW 1,03,429,592, and the said “D” store operated jointly by the Defendants was closed on December 14, 201. At that time, the amount of the goods supplied by the Plaintiff to the Defendant was KRW 72,036,092 and KRW 156,108,58,581 and KRW 228,14,673 were remaining.

2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).

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