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(영문) 서울중앙지방법원 2018.10.19 2017가합576725
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,551,754,00 and Defendant B Co., Ltd. from November 11, 2017.

Reasons

1. Basic facts

A. On April 12, 2017, the Plaintiff entered into a transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) to the effect that “if the Plaintiff supplies goods to the Defendant, the Defendant sells the goods, and the Defendant shall pay the Plaintiff the amount calculated by adding the monthly average closing rate of 8% to the Plaintiff’s purchase price of the goods as the price for the goods” (hereinafter “instant transaction agreement”).

The contents of the instant transaction agreement concerning the instant case are as follows.

Article 1 (Scope and Scope) (1) The Supplier (Plaintiff) shall supply the goods to the buyer in good faith during the term of this Agreement, and the buyer (Defendant B) shall sell the goods of the supplier.

(2) The buyer shall discharge to the supplier all obligations arising in the present and future transactions in accordance with this Arrangement.

Article 2 (Methods of Product Prices and Payment) (1) The product price to be sold by suppliers to buyers shall ensure that 8% of the average monthly closing rate for three months is calculated on the purchase price of the supplier.

(2) The buyer must pay the amount to the account of the supplier within 15 days after the supplier's request in cash or by cashier's check.

Provided, That in the first month of the transaction agreement, it shall be the 10th of the following month.

(3) The date of payment under subsection (2) may be delayed under mutual agreement.

Provided, That it shall not exceed 30 days.

Article 3 (Contract Period) (1) This contract is described in the 2017 Trade Agreements from the date of the conclusion of the contract in the year 2017, but it seems to be a clerical error in the year 2017.

The supplier shall be the end of August, and the supplier shall notify the buyer of whether the contract is extended by face-to-face or by-face.

(2) This Agreement shall be automatically extended on a three-month basis, provided that no notice is given by the supplier.

(3) If the supplier's notice of termination of the contract is given, the buyer shall pay the full balance of the claim by the end of the relevant month.

Article 5(1)(A) The surety (Defendant C) shall be jointly and severally with the buyer for all the present and future obligations of the buyer.

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