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1. Of the judgment of the court of first instance against the defendant B, the part against the above defendant exceeding the following part ordering payment.
Reasons
1. Basic facts of the request;
가. 계속적 공급계약의 체결 (1) 방글라데시에서 생산되는 쥬트{jute, 황마(黃麻)를 원재료로 하여 만든 섬유의 일종}를 수입하여 국내에 판매할 계획을 갖고 있던 원고(상호: E)는 2013. 4.경 방글라데시 국적인 피고 D(남자)과 그 배우자인 피고 B(상호: F)을 알게 되었는데, 원고가 기계장치(직물 제조기) 구입대금으로 미화 15,000달러를 지급하면 피고 B이 방글라데시에 쥬트 생산공장을 설립하여 원고에게 쥬트 제품을 계속적으로 공급하기로 하는 내용의 계약을 맺기로 하였다.
(2) Accordingly, around April 26, 2013, the Plaintiff, Defendant D, and Defendant C, the agent of Defendant B, prepared a contract concerning the contents of the above agreement (Evidence A 1-1) and obtained certification from a notary public. The Plaintiff, Defendant B, and Defendant C signed and sealed each contract as the contractual party, Defendant B’s guarantor, respectively.
(3) The main purpose of the above contract (hereinafter “instant contract”) is as follows.
(In light of the content of the contract, the contract in this case seems to have been combined with the association agreement and the continuous contract for goods). (1) Defendant B establishes a factory for jute product production on the local side of Bangladesh, and purchases and installs machinery and equipment for product production.
(Article 2). (2) The Plaintiff shall pay USD 15,00 to Defendant B with the purchase price of machinery.
(3) Defendant B is in charge of purchasing and manufacturing raw materials of jute products, and the Plaintiff is in charge of selling completed products.
Article 4. (4). (4) The jute product manufacturing plant shall be jointly invested and managed (the plaintiff and defendant B) and shall be strictly divided into production and sales.
When Defendant B violated this, it shall pay to the Plaintiff penalty (200% of the Plaintiff’s contribution, US$ 30,000) in addition to the Plaintiff’s contribution, and automatically the instant contract is terminated.
(Article 5). (5) Defendant B shall produce products.