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(영문) 서울고등법원 2014.09.04 2013나74242
물품대금 등
Text

1. Of the judgment of the first instance, the part concerning the Plaintiff-Counterclaim Defendant’s claim for principal lawsuit is modified as follows.

Reasons

1. According to the statements in Gap evidence Nos. 1 and Eul evidence Nos. 1 and 1, it can be acknowledged that the plaintiff AWWD entered into a contract with the defendant and the designated party D (hereinafter collectively referred to as "the defendant, etc.") who operated the retail business with the trade name "E" around May 201, and the plaintiff BWD supplied various goods to the defendant, etc., and the defendant, etc. shall pay the price for the goods to the plaintiff BWD (hereinafter referred to as "the supply contract of this case").

Article 2 [Supply and Sale Price] The plaintiff T&C World shall supply goods to the defendant, etc. and shall supply them in good faith within the payment period.

Article 4 [Prohibition of Substitutes] The defendant et al. shall settle the price for the goods supplied by the plaintiff T&C World as follows:

(Settlement for New Goods)

1. Amount of KRW 50 million to be settled upon the storage of goods (three months in the Promissory Notes);

2. Settlement of 50 million won even after opening (three months of the Promissory Notes).

3. On the 30th day of the following month, the settlement amount of KRW 50 million (3 months of the Promissory Notes) shall be settled for the amount of delivery of KRW 150,000,000 for the purchase price of the good and shall be adjusted in consultation with the above subparagraph in excess.

(Ordinary Settlement for Purchase of Goods)

1. Settlement by the 1-15th day of each month; and

2. Article 9 of the settlement on the 5th day of the following month from the 16th to the 20th day of the following month / [Return] The defendant, etc. is prohibited from returning goods supplied by the plaintiff Technb, unless the goods are different from the terms and conditions of the contract, or any defect, deterioration, or other defect occurs in the goods arising

(A) Article 10 / [ownership] The ownership of the good supplied by the Plaintiff Abb World to the Defendant, etc. until the price for the good (including outstanding bills) is paid in cash to the Plaintiff Abb World is given to the Plaintiff Abb World.

2. Determination on the main claim

A. (1) Determination as to the claim for the cost of goods is made (A).

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