logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2012.12.18 2011가단47474
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 82,183,090 to the Plaintiff (Counterclaim Defendant) and its payment from May 20, 201 to December 18, 2012.

Reasons

1. Basic facts

A. On February 16, 2011, Nonparty C drafted a supply contract with the Defendant Company on behalf of the Plaintiff (hereinafter “instant contract”). The main content is as follows.

A and D (hereinafter referred to as “B”) shall enter into this Agreement.

Article 2 [Supply Products]

1. Products developed and produced by Eul shall be limited to those for which Gap intends to use specified products;

2. Eul shall be supplied to the place designated by Gap within the payment period prescribed by the individual order sheet.

3. If B wishes to deliver a product prior to the due date, B shall obtain A’s consent in advance.

4. If the Party B considers it difficult to comply with the due date, it shall immediately notify Party A of such fact and comply with Party A’s measures.

(The date of payment may be postponed by one week). Article 3 3 (Method of Price Settlement) A shall pay 30% of the ordered amount at the time of placing an order to B, and shall pay the remainder of 70% within 30 days after the entry into the goods.

Article 5 (Inspection of Delivered Goods)

1. A shall make a verbal or written notification to B as to whether the quantity and quality standards of the supplied goods of B are met at the time of underwriting them.

Provided, That where it is impossible to promptly verify whether the defects are inferior due to the characteristics of the original group, it may be notified ex post facto.

2. If the defective products referred to in the preceding paragraph are not disposed of after-sales without any justifiable reason, Eul may arbitrarily dispose of them according to Gap's judgment, and all the expenses incurred in the course of the processing shall be borne by Eul.

Article 6 【Damages】

1. B shall compensate for any loss caused to A due to defective goods supplied to A;

2. B shall compensate for any loss caused to A due to a delay in the payment period due to a cause attributable to B;

3. Other matters not specified in this contract shall be governed by general commercial practices.

Article 7 (Term of Validity of Contract)

1. The contract term shall begin from the date of conclusion of the contract.

arrow