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(영문) 서울서부지방법원 2019.07.04 2018가단231324

손해배상(산)

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the Plaintiff is a company with the purpose of manufacturing and selling pents; Defendant B (hereinafter “B”) is a company with the purpose of manufacturing and distributing food; Defendant C is the representative of Defendant B.

B. On October 30, 2015, the Plaintiff and the Defendant B and D Co., Ltd. (hereinafter “D”) entered into the instant goods supply contract (hereinafter “instant goods supply contract”). Defendant B received goods from D and sold them to the Plaintiff. The Plaintiff again delivered the said goods to Empt, and the main contents thereof are as follows.

The plaintiff (hereinafter referred to as the "A") and D (hereinafter referred to as the "B") and the defendant B (hereinafter referred to as the "C") enter into the following three-party contracts to agree on the basic matters concerning the continuous supply of goods:

Article 1 (Purpose) (1) B shall continue to supply C with goods, and A shall purchase them.

(2) A and B shall faithfully perform the rights and obligations arising out of this Agreement.

(3) C shall transfer funds to B immediately upon approval by A.

(4) C shall administer overall management of the supply and business of goods.

(including the management and approval of purchase and sale of tax invoices and commodities) Article 2 (Basic Contract) This Agreement shall apply to all arrangements concluded between the two parties relating to the supply of goods during the contract period prescribed in Article 3.

Provided, That where an individual arrangement concerning the supply of a product (hereinafter referred to as "individual arrangement") conflicts with the terms of this contract, the individual arrangement shall prevail.

Article 3 (Term of Contract) (1) The term of contract of this Gwanak shall be for the period from October 1, 2015.

(2) Where one party fails to notify in writing the other party of his/her intention of refusal to renew the contract thirty days prior to the expiration of the contract term, the contract term shall be automatically extended every one year.

Article 4 (Name of Goods and Supply Unit Price) (1): F, G, and H2.