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(영문) 서울중앙지방법원 2018.01.25 2017가단5085784

물품대금

Text

1. The Defendant’s KRW 14,663,447 as well as the Plaintiff’s annual rate from May 26, 2017 to January 25, 2018.

Reasons

1. Basic facts

A. The status of the parties is that the Plaintiff, as an Ansan business manufacturer, has regional agents, such as sub-contractors, A, B, etc., and the Defendant, as a wholesale and retail business entity, such as Anchopathy and Anchopathy, has a chain store nationwide.

B. (1) On October 16, 2012, the Plaintiff and the Defendant entered into a contract for the purchase and supply of goods (hereinafter “instant contract”) and the content of the contract pertaining to the instant case are as follows.

[Purchase of Goods and Supply Contract] This contract of Article 1 (Purpose of Contract) of the O supplies the goods manufactured by the plaintiff to the defendant, and the defendant determines the necessary matters to settle the price of the goods purchased from the plaintiff.

O Article 2 (Products)

2. In the case of products, such as sirens, letters, sports paintings, etc. that the Plaintiff supplies to the Defendant under this Agreement, the item, price, and other details thereof shall be determined by Appendix 2 “Additional Agreement”.

Article 4 (Disposition and Delivery)

1. The defendant orders a prescribed order computer program in consultation with the plaintiff or an order form determined and notified by the defendant to the plaintiff to be used for the plaintiff's computer program.

Article 5 (Payment of Price)

1. The plaintiff shall issue a tax invoice on the supply price of the current month at the end of the current month and submit it to the defendant by no later than the fifth day of the following month, and claim the payment to the defendant.

2. The defendant shall pay within 20 days after receiving the plaintiff's claim for payment.

Article 6 (Return of Goods)

1. The Defendant may notify the Plaintiff of the fact that the products supplied by the Plaintiff were delivered differently from the original contents, such as damage, contamination, quality change, quantity shortage, manufacturing defect, etc., and promptly return the products to the Plaintiff.

4. The expenses required for return shall be borne by all the parties causing the cause thereof;

O Article 8 (Term of Contract)

1. The contract period shall be from October 1, 2012 to September 30, 2013;

O.