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(영문) 서울중앙지방법원 2017.09.05 2016가합561832

물품대금반환

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Article 1 of the Basic Facts / [Purpose of the Contract] The purpose of this Agreement is to store the defendant's products in domestic pharmacies where the plaintiff trades the products through the best cooperation between the parties to the contract and to promote the sale of the products.

Article 3 [Sales Products] The plaintiff shall take charge of sale only for the products he/she has consulted in writing among the defendant's products, and specific transaction items shall be items in accordance with the separate trade items list.

Article 4 (Supply Price and Sale Price) The supply price of the goods that the defendant supplies to the plaintiff shall be the supply rate prescribed in the attached Form.

Article 5 (Disposition and Delivery Place)

1. The plaintiff shall notify the defendant of the necessary order quantity in writing, and the defendant shall supply the order quantity of the plaintiff to the designated date and place through mutual consultation.

2. The ownership of the product under this contract is transferred to the Plaintiff at the time when the Defendant completes delivery of the product at the place designated by the Plaintiff pursuant to the preceding paragraph.

Article 9 [Conditions of Return] If there is a product required to return deteriorated or damaged products or customers from among products provided by the Defendant, the Defendant shall immediately return or exchange all such products.

However, the plaintiff shall cooperate to the defendant as much as possible so that the return does not occur.

In cases where the return of the PP is required after the date of sale, the period of return shall be from December 1 to December 30 of the relevant year, and the plaintiff shall be determined to return to the defendant during that period, and the defendant shall, when the PPP begins, return the relevant returned product to the plaintiff again with the products that can be sold on the relevant product.

Article 10 (Term of Contract)

1. The term of validity of this Agreement shall be from March 2014 to December 31, 2014.

2.The contract shall be automatically extended every one year on the same terms and conditions unless one of the notice of termination is given 30 days before the expiration of the contract under paragraph 1. (a).

The plaintiff, around February 2014, air conditioners, etc. from the defendant and the defendant.