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(영문) 부산고등법원 2016.08.17 2016나50375

물품대금

Text

1. The appeal against the Defendant-Counterclaim Plaintiff’s principal claim and the Defendant-Counterclaim Plaintiff’s exchange change in this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a corporation that engages in the business of manufacturing and selling processed meat, and the Defendant is engaged in the business of selling processed meat in the trade name B.

B. On September 19, 2009, when the Defendant provided raw material to the Plaintiff, the Plaintiff and the Defendant entered into a contract with the Plaintiff (hereinafter “instant goods supply contract”) by adding the secondary material and the secondary material and supplying them to the Plaintiff (hereinafter “instant goods supply contract”). The main contents of the contract are as follows.

Article 2. The names, specifications, prices of products under a contract and the specifications and prices determined by the defendant and the plaintiff shall be attached.

Article 6 (Payment of Price and Provision of Security)

1. The defendant shall make payments from the plaintiff on the 15th and 30th of each month.

15th day settlement: the minimum amount of the contract price, 30th day settlement: Article 10 of the monthly amount of the damage compensation.

1. A contract period under Article 13 where he/she causes damage to the defendant due to a failure to deliver machinery except in cases where the supply of responsible quantity of production is broken down or unavoidable;

1. The term of this contract shall be from September 18, 2009 to September 17, 2010.

2. The automatic extension of a contract shall be deemed to have not been made within 15 days after the expiration of the contract term, if there is no declaration of intention between the original and the defendant about the cancellation.

(Provided, That at the time of consultation on the termination of a transaction, the Plaintiff shall supply the Defendant with the product under Paragraph 1 of Article 2 within the scope of at least six months from the date of consultation.

3. Where he/she has entered the area in contravention of Article 6 (1).

5. Termination of a contract will be decided by mutual consultation between the Defendant and the Plaintiff three months prior to the termination.

Article 18 (Special Matters)

4. The first year contract between the Plaintiff and the Defendant is in progress as set out above, and the unit price shall be actively reviewed if the minimum amount of the contract increases more than twice at the time of the contract thereafter.

(Unit Price Reduction Adjustment Part: 10%)

C. The plaintiff and the defendant have renewed the contract again.