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(영문) 부산지방법원 2018.10.26 2017나1988

물품대금

Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

(a) (Scope of Special Agreement) Article 2 (Scope of Special Agreement;

1. Each provision shall apply to the subsidized volume support, unit price support, and cold and hot water supply support, respectively;

2. This Special Agreement sets out the minimum conditions for implementation with respect to the items supported by C to the Plaintiff, and agrees to compensate for any breach, such as non-compliance with the terms and conditions of implementation.

Article 3 (Support for Quantity)

1. Where C provides quantity support and unit price support to the Plaintiff en bloc, the Plaintiff is subject to the following conditions:

1) The Plaintiff’s provision of the quantity and unit cost support provided for three years temporarily or in installments for three years. If the Plaintiff received unit cost support, the contract period shall be maintained for three years. 2) If the Plaintiff terminates the contract halfway, or if the sale falls considerably, the contract shall be terminated, or the total amount provided when the Plaintiff breached the contract (three years after the date of conclusion of the contract) out of the quantity and unit cost support provided.

* Average monthly sales volume: 20,000 through 20,000* 3 years (36 months).

Article 5 (Price)

1. C shall assist the Plaintiff in dividing the normal ex-factory price of KRW 2,450 and KRW 18.9 liter per unit price per three years for three years.

1) The unit price support price is KRW 1,370, and KRW 1,080 per 18.9 liter. 2. When the Plaintiff terminates the contract period or significantly lowers the monthly average sales volume during the contract period, the full amount of the support provided and the support provided out of the unit price support shall be met. 3. The Plaintiff and C shall automatically extend the period of time after three years from the contract in the absence of mutual special agreement. [Article 4(2) of the Act on Contracts for Equipment Lease] (containers, clates, and crates (2): Return and reimbursement of containers, clates, and liftss.

1. The Plaintiff must faithfully manage and use C-owned containers, radars, and lifts, and must return the volume to C after the use.

2. The Plaintiff shall reimburse the shortage due to the loss, loss, etc. of containers, crates, or arms while using them at the unit price of Article 4(3)1.

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