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(영문) 부산고등법원 (창원) 2017.01.19 2016나23116
약정금
Text

1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. On January 7, 2013, the Defendant entered into a goods supply contract (hereinafter “instant contract”) with the Plaintiff and the Defendant, including the agreement that “When the Defendant supplies agricultural pipes, etc. to Nonghyup, etc. to the Plaintiff via the Plaintiff’s brokerage, it shall pay 17% of the fee to the Plaintiff.”

The plaintiff of a contract for supply of goods and the defendant shall enter into the following contracts in order to agree on the basic matters concerning the continuous supply of goods between the parties:

Article 1 (Purpose) 1) The Defendant shall continue to supply goods to the Plaintiff and purchase them by the Plaintiff. This Agreement applies to all agreements concluded between the Plaintiff and the Defendant relating to the supply of goods during the period of contract prescribed in Article 3, provided that individual agreements regarding the supply of goods are in conflict with the contents of this Agreement. Article 3 (Contract Period) 1) The contract term of this Agreement is from January 7, 2013 to January 7, 2013.

Article 5 (Prohibition of Substitute Payment) (1) The Plaintiff shall adjust the end (based on a statement of transactions) of the goods purchased from the Defendant as of the end of the next month as of the base date of the statement of transactions and settle the price in cash on the last day of the following month. (2) If the Plaintiff fails to pay the price, it shall pay the amount to the Defendant that has not been subject to

Article 18 (Other Matters not provided for in this Agreement shall be governed by individual agreements and general commercial transaction practices.

(b) on January 7, 2013, on the basis of the fee, 17%.

Provided, That the fees may be changed from time to time.

under mutual agreement.

[Reasons for Recognition] No dispute, Gap evidence Nos. 1 and 7, the purport of the whole pleadings

2. Demanding the payment of agreed amount;

A. The plaintiff alleged by the parties concerned is an agricultural pipe supplied by the defendant to the plaintiff under the contract of this case or supplied to the agricultural cooperative by the plaintiff's brokerage.

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