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(영문) 광주지방법원 2018.11.30 2018나51927
물품대금 등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of manufacturing and selling stone-dried foods, and the Defendant is a company with the purpose of research and development, export and import, etc. of food.

B. On August 1, 2013, the Plaintiff and the Defendant entered into an “Export Agency and OEM Manufacturing Convention,” the main contents of which are the Plaintiff’s production and supply to the Defendant of the instant World Cuped Products ordered by the Defendant.

(hereinafter referred to as the “instant contract”). Article 2 (Subject Matter of Export Agency and Export Sales Sales Authority) The Defendant is entitled to exclusively export the subject product from the subject type of business.

1. Goods - i.e., instant cupb products, and goods developed by the Defendant through the Plaintiff - finished products that can be exported by the Plaintiff

3. Supply price and quantity - Supply price and quantity shall be determined by separate consultation.

- The defendant shall purchase at least 10 containers each year from the first order date.

Article 9 (Term of Contract)

1. Contract term: One year from the contract date;

2. This Agreement shall be automatically extended for a period of one year, provided there is no declaration of intention to terminate the contract separately from either of the parties one month before the expiration of the contract.

C. The instant contract was automatically extended by July 31, 2015 without expressing the intention of termination between the parties.

On or around March 2015, the Plaintiff sent an e-mail to the Defendant that: (a) around August 2013, the part ordered by the Defendant for the production of the product remains; and (b) the Defendant sent to the Plaintiff the e-mail to the effect that the Defendant would inform the Plaintiff of the amount of the part remaining at present upon the Plaintiff’s request.

On March 25, 2015, the Plaintiff informed the Defendant that the amount of supplementary materials remaining in the Defendant is KRW 14,481,450.

E. However, by July 31, 2015, the Defendant did not pay the Plaintiff the price for the ancillary materials, and on July 31, 2015.

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