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(영문) 수원지방법원 2014.10.30 2013가단92268

손해배상 등

Text

1. The Defendant’s KRW 14,56,150 for the Plaintiff and KRW 6% per annum from October 23, 2013 to October 30, 2014.

Reasons

1. Basic facts

A. The plaintiff is supplied with raw water from manufacturers and sellers of drinking water, such as raw water and operated a sales agency. The defendant is operating a sub-agency of the sales agency operated by the plaintiff.

B. From March 2010, the Plaintiff supplied the Defendant with lot spring water. As of June 1, 2010, the Plaintiff prepared a contract for the supply and sale of spring water (Evidence A) with the following contents in relation to the said transaction:

(2) The Plaintiff and the Defendant entered into an agreement on the supply of spring water on the instant lot, and the agreement on the supply of spring water on January 1, 200 (hereinafter “instant lot of lot of lot”). The supply price of raw water is KRW 1,600 per bottle, and the price may not be increased unless the price is increased due to inevitable reasons of the head office.

2. Support items: A shall assist in entering into a supply contract with B as follows:

Machines support - For 2,500 bottles sold by the agency, the machinery shall support one unit per 30 disease in sales.

(1) The machinery (referred to as the defendant; hereinafter the same shall apply) supported by the agency (referred to as the defendant) shall be maintained for a period of five years and the agency shall pay 5,500 won (5,00 won) per supporting machine upon expiration of the contract period.

(2) Compensation shall be made in accordance with the provisions of the head office, where the contract has been breached during the contract period (maintenance of contract volume).

4. Termination of a contract: The plaintiff and the defendant shall not unilaterally terminate the contract unless there is a special reason, and the defendant shall refund the whole (applicable to this provision) subsidized to the plaintiff at the time of unilateral termination.

Provided, That if it is deemed difficult to perform the contract with each other due to unexpected causes, the plaintiff and the defendant shall comply with or agree on the practice of industry.

C. According to the instant lot supply contract, the Plaintiff supported the Defendant with 84 air conditioners around June 1, 2010.

Since then, the prices of spring water increase and the price increase.