선급금반환청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. Concluding the instant supply contract, the Plaintiff is a company established for the purpose of manufacturing general steel mills, etc., and mainly engages in the production and sale of ethyl ethyl ethyl, learning fishing and door, and the Defendant is a company established for the purpose of manufacturing and retailing luculous apparatus and Dorochloros. Article 7 (Return of Products) ① The Plaintiff must immediately examine the products delivered by the Defendant, and notify the Defendant in a case where the Plaintiff’s shortage and quality defects in the products inspected by the Defendant are found. ② The Plaintiff may return or claim damages if he notifies the Defendant of the details of Paragraph (1) within seven days from the date of the receipt of the products and justifiable reasons exist. ② The Defendant is in full charge of developing and manufacturing the products, and the Plaintiff is in principle responsible for selling the products only within the territory of the Republic of Korea.
Special Agreement
1. In the case of advance payment based on this contract, even if the balance remains without offsetting the purchase of the product by the plaintiff's sales at the time of the contract within one year, the defendant shall not refund the balance.
2. The Plaintiff shall have priority over the Defendant’s total sales right of the Republic of Korea, which is scheduled to be renewed from July 2019, in the event that both of the commitments under paragraphs (1) and (2) are fulfilled:
① At the same time, the Plaintiff orders to purchase 2,00 goods in July 2017, 3,000 goods in August, 9, 5,000 goods in September, and 10,000 goods in monthly average (10,000 goods) from October 2017 to June 2018.
② The Plaintiff maintains an order to purchase 30 thousand monthly products from July 2018 to June 2019, and pays an advance payment of KRW 600 million on July 1, 2018.
However, prior to the payment of advance, the defendant shall correspond to the advance payment.