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(영문) 서울동부지방법원 2017.10.19 2016가합108234
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 50,000,000 to the Defendant (Counterclaim Plaintiff) and against this, from March 18, 2017 to October 19, 2017.

Reasons

A. Article 6 (Disposition and Delivery of Products) (3) The defendant shall place an order for smooth delivery at least three weeks prior to the scheduled date of the payment period, and if the plaintiff is unable to deliver the product within the payment period, he/she shall promptly notify the defendant of such fact.

(4) Notwithstanding the preceding paragraph, where the defendant suffered damage due to the delay in payment, the plaintiff shall compensate for such damage.

(1/100 of the contract amount of the relevant order for one day shall be five years from July 1, 2010 to June 30, 2015.

However, even if the contract term expires, it shall be automatically extended on an annual basis unless the plaintiff or defendant notifies in writing his/her intention to terminate the contract.

Article 21 (Order of Application) (1) In the event of any conflict between the terms of this Agreement and any separate agreement or letter prepared in connection with this Agreement, the terms of the relevant agreement or letter shall prevail.

* The supply price of the shop/consumer shall be determined by the defendant, and the price determined ex post facto shall be notified to the plaintiff.

On June 30, 2011, the Plaintiff and the Defendant entered into an additional contract to revise the following terms and conditions relating to the open price and the market at which the Defendant can supply (hereinafter “the instant additional agreement”).

1. Telecommunications-based business: The Plaintiff’s business is in progress with respect to the business of themerdi market; the Defendant, who takes the main part in the beauty art market, has maintained the “C” brand value through consultation with the Defendant who takes the main part in the beauty art market, and there is room for facing each other at the business site to minimize it by the following efforts:

1 Paragraph 1:

A. It is impossible to supply both the Plaintiff and the Defendant to the metdi market, and instead, the Plaintiff consents to the supply of the Defendant to the Emphal market operated by the Defendant in the metdi.

The plaintiff shall educate with allers so as not to deliver them to themeral Este.

B. The plaintiff's metura and the defendant.

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