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(영문) 부산지방법원 동부지원 2017.02.09 2016가단6608

물품대금

Text

1. The Defendant’s KRW 25,88,032 as well as the Plaintiff’s annual rate of KRW 5% from May 19, 2016 to February 9, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a wholesaler supplied with raw water from C Co., Ltd. and sells it to retail stores. The Defendant is a retail store supplied with raw water from November 2009 to sell it to general consumers.

B. On May 1, 201, the Plaintiff and the Defendant concluded a special agreement on matters relating to the volume support, unit price support, and cold and hot water supply support to the Defendant (hereinafter “instant special agreement”).

C. The Defendant would terminate the instant special agreement as of April 30, 2016 to the Plaintiff on March 17, 2016.

‘A' sent content-certified mail, and from May 1, 2016, the Plaintiff did not receive raw water from the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. Under the instant special agreement, instead of providing support by means of a discount of 750 won per unit of 18.9L produced by the Plaintiff to the Defendant, the Defendant has a duty to supply 1,670 copies per month from the Plaintiff for 36 months (hereinafter “instant contract maintenance obligation”), and if so, the Defendant should return all the amount subsidized to the Plaintiff.

On the other hand, the instant special agreement is automatically extended in the absence of any other agreement upon the lapse of three years after the conclusion of the contract. From May 1, 2011 to May 1, 2014, the special agreement was automatically extended on the other hand.

Accordingly, the instant special agreement was terminated without permission prior to April 30, 2017, and three years were extended, and the Defendant is obligated to pay the Plaintiff KRW 30,060,000, which is the amount subsidized by the Plaintiff from May 1, 2014 to April 30, 2016 (18.9L 1,670, x 750, 24 months).

B. According to the instant special agreement, the Plaintiff supported the Defendant with 56 vehicles in 201 and 15 vehicles in 2014, and received support for the termination of the instant special agreement.