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(영문) 대전지방법원천안지원 2020.07.17 2019가합102386

물품대금

Text

1. As to KRW 231,546,517 and KRW 231,451,40 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from January 1, 2018 to May 30, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established on January 29, 201 for the purpose of the contact lenses manufacturing business, etc., and the Defendant is a company established on October 18, 2001 for the purpose of the siren manufacturing and wholesale business.

B. On March 2010, the Plaintiff entered into a siren supply contract (hereinafter “instant supply contract”) with the Defendant on a monthly basis, providing the Defendant with a siren, and the payment for which would be paid no later than the 20th day of the following month after settling accounts at the last day of each month.

C. On May 27, 2015, the Plaintiff entered into an agency transaction contract between the Defendant and the Plaintiff, on the same basis as the Plaintiff’s products, supplied OEM products produced only for the Defendant with a different name, and granted only the Defendant the right to sell the pertinent products. In return, the Defendant entered into an agency transaction contract with the Plaintiff on the condition that the Plaintiff takes over its customers (hereinafter “supply contract”). The main contents of the contract are as follows.

Article 7 (Settlement of Prices) (1) In principle, the defendant shall settle the accounts of supplied products at the end of each month and account transfer by no later than the 20th of the following month.

Article 9 (Return and Exchange)

1. Exchange of inventory products with the Plaintiff and the Defendant’s existing transaction ① The Plaintiff shall exchange the products sold and consigned to the Defendant’s existing transaction partners with the product group requested by the Defendant.

(2) The exchange processing shall be the inventory of the products currently distributed through the defendant.

(3) Exchange processing method: The inventory of the office of the defendant shall be recognized as the exchange quantity through the confirmation of the actual inventory of the office and the confirmation of the change of the customer of the consigned products.

④ The Defendant does not recover the inventory of the previous business partners from the business partners and takes over the Plaintiff’s inventory on the document faithfully to the Plaintiff.

2. Exchange of return of OEM products (1) The Defendant’s goods supplied to the Plaintiff is the amount determined by applying the amount of return to the supply amount.