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(영문) 서울고등법원 2020.05.22 2019나2036385

보증금반환

Text

1. Of the judgment of the court of first instance, as to the Plaintiff’s KRW 215,145,72 and KRW 200,077,293 among the Plaintiff’s KRW 200,07,29, July 20, 2019.

Reasons

1. Basic facts

A. 1) The Plaintiff is a stock company that sells and distributes agricultural and fishery products, etc. and engages in trade business. 2) The Defendant is a person who engages in two manufacturing businesses under the trade name of “D.”

B. 1) The business operators engaged in two manufacturing businesses in the north side, including the Defendant, in the form of a joint purchase from the Plaintiff (hereinafter “instant goods”) and the rise in India’s revenue, which is the raw materials of the two parts (hereinafter “instant goods”).

(1) The C Association (hereinafter referred to as the “instant Association”) will be supplied with and for this purpose.

On July 30, 2015, the Plaintiff and the instant cooperative established a contract for the supply of the instant goods in accordance with the orders of two manufacturers, a member of the Plaintiff (hereinafter “instant supply contract”).

The main contents of the contract are as follows. The instant association and the Plaintiff enter into the following contracts with a view to concluding an agreement on basic matters regarding the continuous supply of goods between the parties. Article 1 [Purpose]

1. The Plaintiff shall continue to supply the goods to the instant association, and the instant association shall purchase them.

Article 3 [Contract Term]

1. The term of this Agreement shall be from July 30, 2015 to December 31, 2015.

2. If a party does not notify in writing the other party of his intention of refusal to renew the contract not later than 30 days prior to the expiration of the contract term, the contract term shall be automatically extended every one year.

Article 4 [Conclusion of Individual Agreement] The specifications of the goods the plaintiff supplies to the association of this case are as follows.

1. Name of goods: For the rise of India;

2. Quantity: 500 M/T monthly, provided that the union of this case and the Plaintiff may increase or decrease it under the agreement of the Plaintiff.

3. Supply unit price: physical n.e., g., n. n. n. n. n. k.s.

4. Specifications: Article 7 (Payment of the Price for Goods) of the 36 Mesh: 36 Mesh: Not more than 9 per cent (not more than 9 per cent), single white quality (not less than 40 per cent), local (not less than 20 per cent), revolving (not more than 6.5 per cent), and admission (not less than 18 Mesh: 36 Mesh: not more than

1. This.