(영문) 대전고등법원 2017.01.25 2016나12289

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(영문) 대전고등법원 2017.01.25 2016나12289

물품대금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. The Plaintiff Company is a company that manufactures and distributes medical devices, and the Defendant is a person who sells medical devices in the name of “B”.

Article 1 (A) (Period of Contract) (A) The Defendant and the Plaintiff Company shall be automatically bound by 12-month unit under the same condition, if they fail to notify in writing of their intention to terminate the contract of renewal at least one month prior to the expiration of the contract term, not later than one month prior to the expiration of the contract term.

Article 3 (Goods Orders and Delivery Methods) (A) The Defendant and the Plaintiff Company shall order 12 days in writing in order to produce and deliver raw materials smoothly, and confirm them by wire. The Plaintiff Company shall deliver them without delay within 15 days from the date of order.

Article 4 (Payment and Payment Method) (A) The payment shall be completed as of the end of each month, and the amount shall be paid in full on the day of the closing without outstanding amount, and the payment method shall be paid in full (within three months) or in cash.

(B) In light of the financial standing of the Plaintiff Company, the settlement of a bill shall not be issued at the beginning of 30 million won per copy (the settlement may not be made on the basis of the delivery price). Article 6 (A) (a) If the Defendant and the Plaintiff Company violated each other’s mutual agreement, (b) if the Defendant violated Article 4, the settlement shall be immediately terminated, and the delivery may be immediately suspended without any separate notice, and as regards the Plaintiff Company’s damage (stock) caused by the Defendant’s nonperformance, the Defendant shall be paid and responsible for the damage (stock) caused by the Plaintiff Company

(C) In the event that the Defendant’s breach of contract or termination of contract term becomes the cause for termination of contract, the Defendant’s inherent brand products should be grasped in advance (three months) the inventory and raw materials, etc. in the Plaintiff Company’s custody in order to prevent damage to the Plaintiff Company.

B. The Plaintiff Company on July 31, 2012

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