물품대금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The non-party company based on the basic fact (hereinafter “the client”) enters into a basic contract for the transaction of goods (hereinafter “this contract”) with the Plaintiff (hereinafter “supplier”).
Article 1(Purpose) This Agreement aims to provide for the rights and obligations between clients and suppliers to sell food materials, industrial products, and other goods (hereinafter referred to as “goods”) produced or handled by suppliers to clients’ member stores and other service providers (hereinafter referred to as “member stores”).
Article 2 (Conclusion of Contracts with Franchisees) (1) All matters concerning the supply of goods shall be determined by a supplier and a franchise store by concluding a separate contract for the supply of goods (hereinafter referred to as “franchises”).
The client shall make all necessary cooperation to conclude a supply contract.
Where it is necessary to directly supply goods to a client other than a franchise store, such as a direct sales store, the client and the supplier enter into a separate basic contract for the supply of goods (hereinafter referred to as "direct supply contract"), and all matters concerning the supply of goods shall be governed by a direct supply contract.
Article 4 (Transaction Period) (1) The transaction period under this Agreement shall be from April 4, 2017 to April 3, 2019.
Provided, That no later than 30 days prior to the expiration date of the transaction period, each party shall automatically extend the transaction under the same conditions once a year, unless it notifies in writing the intent of the change or the refusal to renew the conditions.
Article 5 (Exclusive Goods) (1) Exclusive Goods means goods manufactured and processed only for the purpose of supplying and selling to a franchise store at the request of the client (including goods requested by the franchiser to develop exclusive goods), and goods other than exclusive goods are referred to as general goods.
(2) A supplier shall not sell any exclusive goods other than a chain store at his/her discretion.
(3) The liability for the inventory caused by a defect in the sale of exclusive goods shall be borne by the client, and the cost of manufacturing the defective goods caused by the defect in exclusive goods.