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(영문) 서울중앙지방법원 2019.05.31 2018가합548895

물품대금

Text

1. The Defendant’s KRW 230,959,300 among the Plaintiff and KRW 191,257,00 among the Plaintiff, shall be KRW 39,70,300 from March 21, 2018.

Reasons

1. Basic facts

A. On November 8, 2017 between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a siren supply contract with the following terms (hereinafter “instant siren supply contract”) on November 8, 2017.

Article 4 (Transaction Goods) The trading goods shall be contracted into “C” goods supplied by the supplier (referred to the defendant; hereinafter the same shall apply).

A supplier shall make every effort to supply preferentially to the buyer (referring to the plaintiff; hereinafter the same shall apply) with respect to the product produced by the supplier.

Article 6 (Terms of Supply)

1. The supplier shall pay 15% of the purchaser's chain store's C settlement amount as sales incentives at the time of the buyer's settlement.

Cooperation, change and announcement of the settlement and transactions with the buyer's chain store shall proceed after consultation with the buyer.

Article 7 (Payment of Price)

1.The proceeds of the goods of this Agreement shall be closed on the last day of each month and shall be the amount claimed in the present month, and the buyer shall pay in cash the amount claimed in the present month on the 20th day of the following month.

Provided, That the buyer shall pay to the supplier two-month installments (20. 50% on December 20, 2017, 50% on January 20, 2018) for the first aid supplied at the time of release.

2. Sales incentives shall be paid on the 10th of the following month;

Article 8 (Return and Exchange)

1. The supplier may sell the siren supplied to the buyer by January 2018 ($ 2 months) and return it only once by the buyer’s chain store in accordance with the circumstances of the buyer’s chain store.

Before February 10, 2018, the supplier has confirmed the quantity of return to the franchise store of the buyer which is returned through AERP CFD by February 10, 201 and confirmed the return.

on March 20, 2018, the amount confirmed and confirmed by the supplier of February 2018 shall be deducted from the settlement of the purchaser or the refund.

Article 11 (Promotion of Sales and Advertisement)

1. A supplier that supplies a medical device shall jointly share promotional materials which have undergone an advertisement review to a buyer;

2.In marketing of C supplied by the supplier, the buyer shall publicize that it is Crenz treatment points.

3. Suppliers C.