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(영문) 부산지방법원 2018.09.20 2017나4314

물품대금

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

(b)the same shall apply;

[Special Agreement] Article 2 (Scope of Special Agreement)

1. Each provision shall apply to the subsidized volume support, unit price support, and cold and hot water supply equipment support, respectively;

2. This Special Agreement sets out the minimum conditions for implementation with respect to the items supported by C to the Plaintiff, and agrees to compensate for any breach, such as non-compliance with the terms and conditions of implementation.

Article 3 (Support for Quantity)

1. Where C provides quantity support and unit price support to the Plaintiff en bloc, the Plaintiff is subject to the following conditions:

1) The Plaintiff’s provision of the quantity and unit cost support provided for three years temporarily or in installments for three years. If the Plaintiff received unit cost support, the contract period shall be maintained for three years. 2) If the Plaintiff terminates the contract halfway, or if the sale falls considerably, the contract shall be terminated, or the total amount provided when the Plaintiff breached the contract (three years after the date of conclusion of the contract) out of the quantity and unit cost support provided.

* Average monthly sales volume: 20,000 through 20,000* three years (36 months).

Article 4 (Refrigerants)

1. Of the cold and hot water season provided to the Plaintiff by C, the following conditions shall apply where C was supported by air conditioners to support air conditioners for conversion to C in accordance with sales volume upon conversion to C:

1) The lease period of the cold and hot water conditioning equipment that C provided to the Plaintiff shall be five years. 5 years thereafter return 10% of the remaining amount. 2) If the agency contract is terminated before the lease period expires, C shall compensate for the purchase price of the cold and hot water conditioning equipment.

Article 5 (Price)

1. C shall assist the Plaintiff in dividing the normal ex-factory price into KRW 2,450, and 18.9 liter unit price per unit for three years.

1 The unit price support price shall be 1,370 won and 1,080 won per 1 18.9 liter.

2. Where the plaintiff terminates the contract period or significantly lowers the monthly average sales volume during the contract period, the full amount of support received and the unit price support received shall be repaid;

3. C and the Plaintiff have no mutual agreement after three years of contract.