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(영문) 서울고등법원 2015.04.16 2014나31884

물품대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. 1) The Plaintiff is a company engaged in manufacturing and wholesale and retail business of building materials (large-scale steel bars), and steel product construction business. 2) The Defendant is a company engaged in interior construction business, wholesale and retail business of building materials, etc., and B is a person who has worked as the Defendant’s representative director from the time of the Defendant’s establishment to January 7, 2010, and C is a person who has worked as the Defendant’s representative director from January 7, 2010 to the date of the Defendant’s establishment.

B. On January 2, 2006, including the conclusion of a goods supply contract between the Plaintiff and the Defendant, the Defendant appears to have traded goods with the trade name, “one stock company D” in addition to the trade name in the Defendant’s corporate register.

B The Plaintiff supplied the Defendant with building materials, such as tents (hereinafter “instant goods”), and entered into a contract for supply of goods (hereinafter “instant supply contract”) with the content that the Plaintiff would be paid the monthly goods price from the Defendant on the last day of the relevant month, which is the date of issuance of the monthly tax invoice, on the last day of the relevant month. At that time, B, the representative director of the Defendant, at that time, guaranteed the Defendant’s obligation to the Plaintiff under the instant supply contract.

The main contents of the instant supply contract are as follows.

Article 2 (Price of Products)

1. The product price of building materials sold to Gap (Defendant) shall be in accordance with the standard price list;

2. Where a cause for price adjustment occurs under a contract for supply of construction materials, Gap and Eul may be adjusted by mutual agreement.

Article 3 (Transaction Method)

1. A shall produce and supply the construction material products as ordered by B at the price agreed upon by B;

2. The prices of construction materials shall be determined separately from factory rents and value-added taxes, but may be adjusted through mutual cooperation.

5. A person who intends to make a suspension or alteration of the transaction, if any justifiable ground exists;

6. In comparison with Article 3 subparagraph 5 of the supply contract of this case when there is no justifiable reason, A shall be deemed to be legitimate in accordance with Article 3 subparagraph 6 of the supply contract of this case.