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(영문) 울산지방법원 2018.10.18 2017나25826

물품대금

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount constitutes an additional payment order.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in livestock products processing business and sales business, and the Defendant is a company that engages in livestock products distribution business and supply business.

B. On October 25, 2013, the Plaintiff and the Defendant concluded the following contracts with the effect that, for the supply and supply of livestock products for school meal service to the Plaintiff, the Defendant is in charge of bidding on the supply of livestock products for school meal service at Busan-nam District, and, upon receiving a successful bid, the Defendant provided the Plaintiff with the supply and demand table of livestock products at the relevant school, and the Plaintiff produced and supplied the livestock products to the relevant school; and thereafter, when the amount of supply is paid to the Defendant from the school, the Defendant shall pay the Plaintiff the remainder, excluding the fee, out of 10% (hereinafter “instant contract”).

Article 1 (Scope of Application) This shall apply to the production and transportation of livestock products for school meal services.

Article 2 (Term of Contract) The term of contract shall be one year from the date of the contract, and shall be automatically extended every one year if he/she fails to notify his/her intention of termination 30 days prior to the expiration of the contract.

Article 3 (Defendant's Duties) (1) Any person shall take charge of requesting products related to the Busan-do Bidding necessary for the supply of livestock products for school meals.

(2) A supply and demand list necessary for providing school meals shall be provided to the plaintiff three days prior to the supply of the relevant school.

Article 4 (Business of the Plaintiff) (1) Goods referred to as the “Yansansan Winter Zone,” which the Defendant requested, shall be produced by the Plaintiff and delivered by the Defendant.

③ The Plaintiff produced goods requested by the Defendant and delivered them.

(except for the 10% reduction of the sales of the Busan-Namnam School shall be paid to the Plaintiff on the 10th of the following month by the Defendant.

(2) Expenses incurred by the defendant in the part under a contract, such as delivery, contract, and payment of letter of guarantee, shall be included in 10% of the fee.

④ Sales upon the Plaintiff’s request to the Defendant for the part under contract of the Gyeyang-gu District.