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(영문) 수원지방법원 2018.11.21 2017가단521207

물품대금

Text

1. As to KRW 71,010,163 among the Plaintiff (Counterclaim Defendant) and its KRW 37,179,380 among the Plaintiff (Counterclaim Defendant), the Defendant (Counterclaim Plaintiff) on March 16, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of manufacturing and selling physical dust, and the Defendant is a company that runs the mail order wholesale and retail business.

B. Around June 1, 2016, the Plaintiff and the Defendant entered into a commodity supply contract under which the Defendant would manufacture and supply water dust to the Plaintiff as OEM (hereinafter “instant contract”), and its main contents are as follows.

Article 3 (Methods of Resupply of Producers) (1) The original and subsidiary materials shall be produced by the plaintiff directly purchased by the plaintiff, and the supply unit price of the subsidiary materials company shall be submitted at the time of the contract and shall be additionally notified to the defendant when the unit price is changed.

② The Plaintiff may purchase and manage the adequate quantity of materials necessary for the production of the Defendant’s goods, and may not transfer to the Defendant the responsibility for the raw and secondary materials excessively stored at the Plaintiff’s judgment.

Article 4 (Supply and Keeping of Goods) (1) The Defendant shall notify the Plaintiff of the quantity to be supplied by the Plaintiff by document and oral order not later than 10 days prior to the date of delivery, in writing and by oral order.

Provided, That the change of the quantity and the change of the date of payment may be adjusted under mutual agreement.

(2) The Plaintiff and the Defendant shall mutually consult on the supply volume for the supply of and demand for raw and secondary materials not later than 30 days prior to the minimum.

Article 5 (Methods of Price Payment) (1) The plaintiff shall submit a tax invoice for the goods delivered in the corresponding month to the defendant for the payment of the price, and the defendant shall pay the price in cash on the 15th of the following month

Article 13 (Termination of Contract) (1) If a party to this contract violates or unfaithfully performs any of its obligations under this contract, the other party may demand, in writing or by wire, the correction or improvement thereof, and if there is no correction or improvement measure of the party liable to return to the other party within thirty days thereafter, the contract may be terminated by written notification.

(5) One party;