(영문) 창원지방법원 거창지원 2018.02.08 2017가합10161

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(영문) 창원지방법원 거창지원 2018.02.08 2017가합10161

손해배상(기)

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. C around July 26, 1996, concluded a transaction agreement with the Defendant to pay a certain percentage of commission out of the sales proceeds after the Plaintiff supplied goods from the Defendant and sold them, and maintained the said contract relationship and established the Plaintiff Company on November 21, 2014.

B. Around December 15, 2014, the Plaintiff entered into a consignment contract with the Defendant with the terms of receiving a certain percentage of commission from the sales proceeds after the Plaintiff supplied goods from the Defendant and sold them, and entered into a modified contract with the Defendant on December 15, 2014 (hereinafter “instant contract”) around June 30, 2016. The main contents are as follows.

Article 1 (Contract Goods and Price) A (Defendant)

ii)B (referring to the plaintiff);

2) The price of the goods to be supplied to A shall be the price offered by A for all goods to be handled by A.

Section 2(1) A shall issue an order in writing stating the name, size, quantity, time of delivery, and other terms and conditions of the goods to be supplied in accordance with the order. Section 3(1) A shall provide the following security to secure the performance of this contract:

(Provided, That if the limit under Article 4 is exceeded, the furnishing of real estate shall not exceed the amount of collateral security) - - D, E, and F (the amount of collateral security contract on December 8, 2014) the limit on consignment sale transaction under Article 4 (the limit on consignment sale and the limit on supply) of the performance guarantee insurance policy on the window of original city, D, E, and F (the amount of collateral security contract on December 8, 2014) shall be KRW 00,000 (2.50,000,000)

Article 5 (Period and Place of Supply) A shall be supplied to a place designated by B within three days from the date on which it was ordered by B.

Provided, That in extenuating circumstances of A, the supply may be extended by mutual coordination with A and B.

Article 6 (Transport and Freight Liability) A shall bear the transportation and freight charges to the designated place provided for in Article 5.

Article 7 (Method of Supply)

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