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(영문) 서울북부지방법원 2017.02.01 2015가합1219
채무부존재등
Text

1. A contract between the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) based on a finished product supplier contract on June 23, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On June 23, 2014, the Plaintiff entered into a contract with a supplier of finished products (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Annual Contracts and Individual Contracts) This Framework Agreement (hereinafter referred to as “Agreement”) represents an individual contract with A (Plaintiffs) and B (Defendants) by means of an electronic data processing order for supply management of the procurement site (hereinafter referred to as “order”) unless otherwise agreed that the basic matters concerning the manufacture subcontracting contract and the management rules for the evaluation of finished products of A shall be prescribed. A and B shall comply with the terms and conditions of this Agreement and the Order.

Article 3 (Contents of Order) The order shall specify the following:

1) Date of the order: Details of the design number and quantity of the goods ordered on the order sheet 2) payment period and place of delivery: The payment period shall be based on the second closing date of the pertinent ODR month, and the payment period of the goods to be entered into one vehicle or horse and the goods to be entered into two vehicles and horses at the time of the preparation of the production plan shall be set after mutual consultation. The delivery place shall be based on the logistics warehouse, and the delivery place may be entered into the store, customer direct delivery, or the third place at the request of the Party A. The delivery place of the order may be entered into the store, customer direct delivery, or the third place. The delivery place of the order of ODR is agreed to the Party B to the effect that it is possible to enter the ODR in the delivery place within the payment period. If the payment period has been delayed after promising the production possible within the payment period, and after the issuance of the order, the Party A may demand delayed compensation for delay in the payment period after having agreed to the Party B.

1. B shall manufacture and deliver to A orders in accordance with the quality, shape, size and other specifications as directed by A for each individual ordered article;

2. B shall be notified of and consult about the specifications and directions under paragraph (1) to A without delay, if any, or if there is any doubt.

Article 7. Samples.

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