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(영문) 서울고등법원 2018.10.25 2018나2023276
매매대금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why this Court is stated in this part of the basic facts are the same as that of “1. Basic Facts” in the reasoning of the judgment of the first instance, except for the following parts, and thus, they are included in the summary under the main sentence of Article 420 of the Civil Procedure Act.

The term "first commodity supply contract" and "first commodity supply contract" in Part 7 of the second side of the family company shall be referred to as "first contract in this case".

The part of 2nd to 3rd 6th 12th 199 (the part on the table stating the main contents of the contract of this case) shall be written in the following manner:

The Plaintiff and the Defendant (hereinafter referred to as “parties”) agree on the basic matters concerning goods supplied by the Plaintiff to the Defendant and supplied to the online overseas service site (www.fengg.com) (hereinafter referred to as “this Agreement”), which is a subsidiary of the SFExs, and enter into a contract as follows:

Article 4 (Term of Contract) The term of this Agreement is from November 11, 2015 to December 11, 2015.

Article 5 (Supply Price of Goods)

1. The Plaintiff is supplied with goods from the Defendant by guaranteeing a minimum of 2% business margin at the price that the Defendant purchased.

2. The parties may adjust the supply price by mutual consent, if necessary, taking into account changes in market conditions.

Article 6 (Amount of Goods to be Supplied and Advance Payment) The Plaintiff shall, upon entering into this Agreement, make a prior payment in cash to the Defendant of KRW 232,561,990 equivalent to 50 percent of the amount of 465,123,980 for the supply of the goods.

Article 8 (Payment of Prices for Supply of Goods and Issuance of Tax Invoice) The methods of payment for the price of goods shall be as follows:

1. The defendant shall issue a tax invoice to the plaintiff for claiming the price of goods after the supply of goods.

2. The Plaintiff shall pay to the Defendant, within 25 days, the balance remaining after Article 6 of this Agreement excluding the amount paid in advance to the Defendant from the proceeds from supply issued by the Defendant.

Article 9 (Delivery of Goods) The plaintiff shall be the place designated by the defendant.

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