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(영문) 서울중앙지방법원 2017.01.17 2015가합21160

물품대금

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1. The Defendant’s KRW 20,786,359 for the Plaintiff and KRW 5% per annum from September 18, 2015 to January 17, 2017.

Reasons

1. Basic facts

A. 1) The Defendant is a domestic branch office of Grand Social Trading SNHBD in Malaysia, which is engaged in the production, export, and import business, etc. of the parts of the cremation project in the Republic of Korea. 2) The Plaintiff is a corporation engaged in the manufacture and sales business, etc. of the toilet site in Sejong Special Self-Governing City, operating the cremation site factory in the postponed area of Sejong Special Self-Governing City.

B. On July 1, 2013, the Plaintiff and the Defendant entered into a contract for the supply of products and the sales agency contract between the Plaintiff and the Defendant, and the Defendant entered into a contract for clinical processing and OEM manufacture and distribution agency and wholesale sales and retail sales (hereinafter collectively referred to as the “instant contract” (a contract for the supply of pre-processing and OEM) pursuant to this contract, and the items and prices to be supplied to the Defendant shall be determined by the items requested by the Defendant.

Article 2 (Supply of Original Land)

A. In principle, the Plaintiff purchased the Defendant’s original land and produced the product, but if the supply of the original land does not take place due to the Defendant’s circumstances or natural disasters, the Plaintiff may designate the original use of the original land by the manufacturing company that can satisfy the quality standards set by the Defendant.

Article 4 (Transfer of Goods)

A. The delivery of a product must be completed at the time and place designated by the Defendant, and where it is impossible to supply the product within the designated date, the delivery deadline may be extended with prior approval. However, the Defendant may claim damages against the Plaintiff due to the unilateral delay of the Plaintiff’s supply.

Article 6 (Prohibition of Sale and Transfer)

A. Products completed under the name of the defendant's trademark (including business use) shall be delivered to the defendant, and in no case a disposition, such as sale, exchange, etc., by a third party or a gift, may not be conducted without the defendant's prior approval.

Provided, That the equipment and the business shall be considered to have been sold.

(b).