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(영문) 수원지방법원 2017.11.03 2017가합10117
청구이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. The defendant is a juristic person established for the purpose of manufacturing and selling fire-fighting machinery and appliances, hydrotensions, etc., and the plaintiff limited liability company A is a juristic person established for the purpose of service and wholesale business, and the plaintiff B is the representative director of the plaintiff limited liability company A.

B. From around 200 to February 21, 2014, Plaintiff A and the Defendant entered into a contract for agency sales agency sales agency contracts, sales agency contracts, sales agency contracts, and sales agency maintenance contracts (hereinafter collectively referred to as “instant sales agency contracts”) with the Plaintiff limited liability company as well as sales agency contracts with the Plaintiff limited liability company as to the products, such as pnle, snack, etc. supplied by the Defendant, and parts of the above products supplied by the Defendant, on behalf of the buyers. On February 21, 2014, the terms of the contract for sales agency contracts of this case include the following table.

Article 17 (Payment of Price) ① “B (limited to Plaintiff A limited liability company, and hereinafter “Plaintiff A limited liability company”)” of the instant consignment sales agency contract [the settlement of the price for the private goods from “A (the Defendant; hereinafter “Defendant”)] shall be made in cash in accordance with the following subparagraphs:

Provided, That if it is impossible to pay in cash, the plaintiff limited liability company A may pay in bills with the consent of the defendant.

1. Sticker: Within 15 days after acquiring a product (before commencing the period of guarantee);

2. Plastic bags (small or medium-sized, D-E): Within 15 days after receipt of a product (before the commencement of the period of guarantee);

3. Plastic scrap (type, F-G): Within 31 days (before the commencement of the warranty period) after the receipt of the product (out of the consignment sales contract as of February 21, 2014), Article 3 (out of consignment sales contract) (out of February 21, 2014) of the Defendant’s business activities on the product produced by the Defendant.

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