beta
(영문) 서울중앙지방법원 2016.03.09 2015가합506661

기타(금전)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing and selling powders, and the Defendant is a soil construction business, reinforced concrete construction business, etc.

On June 1, 2012, the Defendant entered into a contract with the Plaintiff to be supplied with powders necessary for the instant construction work (hereinafter “this time contract”) on June 1, 2012, when the Plaintiff was entering into a subcontract with the “D” Corporation (hereinafter “instant construction”).

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

[A contract for the supply and demand of explosives] A contract between the defendant and the plaintiff concerning the supply and demand of explosives shall be entered into as follows:

Article 2 (Term of Contract) The term of contract shall be two years from the date of the contract, and if there is no separate declaration of intention at the expiration of the term, the contract shall be automatically extended, but the term shall be one year.

Provided, That if either party does not want to extend the contract, the party shall notify the other party of his/her intention to terminate the contract 30 days before the contract expires.

Article 4 (Methods of Supply and Delivery of Goods)

3. This Agreement shall apply to the field D performed by the Defendant.

Article 5 (Duties of Defendant) The Defendant may not be supplied with explosives from a third party, other than an agency designated by the Plaintiff, during the effective period of this Agreement, without the consent of the Plaintiff.

When the defendant violates the provisions of Paragraph 1 above, 30% of the total amount of powders to be used during the remaining construction period at the site shall be promptly liable to the plaintiff as penalty.

Article 9 (Cancellation and Termination of Contracts and Loss of Time Limit) The plaintiff and the defendant may terminate the contract without a peremptory notice in any of the following cases:

1) In the event that the Plaintiff’s or the Defendant’s issuance of a bill or check was suspended or its transaction was suspended, 2) the Plaintiff’s failure to pay taxes may be objectively determined by the Plaintiff.