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(영문) 서울남부지방법원 2019.06.27 2018가합103434

부당이득금

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On January 24, 2014, D Co., Ltd. (hereinafter “D”) entered into a sales contract with the Defendant to provide “E”, which is a direct access control system for servers, network equipment, security equipment, etc. developed by the Defendant, as a monopoly in the Republic of Korea (hereinafter “instant contract”).

B. Of the content of the instant contract, the part relating to the instant issues is as follows.

Section 5 (Orders and Payment) This Agreement provides that D purchases of goods from the Defendant under the following conditions:

1.D, in principle, orders and purchases at prices under the “E” schedule separately consulted by the Defendant.

(hereinafter Omission)

2.D along with the conclusion of this Agreement:

1. The purchase price shall be at least the amount specified by the Defendant on a quarterly basis in accordance with the schedule specified in the initial product purchase [E], and the purchase price shall be paid not later than the 20th day of the current month. D shall issue an order to “E” to the Defendant upon the occurrence of its own sale and settle the corresponding amount from the initial purchase price: Provided, That D and the Defendant shall, if necessary, settle as at the end of each month as of the date of individual sale and confirm the remaining purchase price.

1. Initial Product Purchase) (Unit E: Amount of money for separate purchase time of value-added tax, and the minimum purchase amount of 400,000,000,000 for the first quarter of January 2014, 2014 shall be the minimum purchase amount of 200,000,000,000 for the second quarter of April 2014, 2014 and the minimum quarterly purchase amount of 30,000,000 for the second quarter of July 30, 2014: Provided, That the minimum purchase amount of 80% or more for the end of June 30, 2014, 30,000, 200, 2014, 30% or more for the first quarter of October 30, 2014, 10, 2015 or more for the first quarter of October 30, 2015, 2015;

C. D On January 24, 2014, pursuant to the instant contract to the Defendant, the first quarter of January 2014.