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(영문) 서울중앙지방법원 2015.04.02 2014나47046
장비대금 및 보험금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On May 31, 2006, the Plaintiff (the Plaintiff’s trade name before the modification: Madman and Fur Lease) entered into a sales agency agreement with A to sell tin trees and drinking spring water (hereinafter “instant agency agreement”) and has been engaged in continuous transactions with A since that time. The main contents of the agreement related to the instant case in the transaction agreement prepared at the time of the conclusion of the said agency agreement (hereinafter “instant contract”) are as follows.

(A) Article 5 (Settlement of Payments). Article 5 (Settlement of Payments)

1. Eul shall settle the prices of products to Gap on the 10th day of each month, 20th day, and 30th day of each month, and, in principle, settle the accounts in cash;

2. B shall be delivered after receiving the full amount of cash at the time of delivery of public appliances and fixtures (such as cold and hot water dispensers and other subsidiary materials) by Gap.

Article 7 (Public Equipment - Refrigerants and Other Incidental Materials, etc.)

1. A may gratuitously lend public appliances and fixtures for business convenience of B, and the free leased public appliances and fixtures shall be owned by A, and the free leased public appliances and fixtures shall be confirmed monthly.

3. B shall, upon termination of the contract, immediately return Party A’s official equipment leased free of charge to Party A, and when Party A wishes to substitute for the same official equipment in use, Party A’s LOG equipment shall be put into the same type of equipment equipment in use.

Provided, That where it is impossible to return it due to loss or other reasons, it shall be compensated in cash within one month at the time of the gratuitous loan.

Article 14 (Termination of Contracts)

1. If A and B fall under any of the following subparagraphs, they shall be urged to make a first written correction and, if not corrected within seven (7) days from the date of receipt of the highest notice, they shall be automatically terminated without any separate notice:

(1) Where A and B violate the matters prescribed in this contract.

B. A between the Defendant on November 17, 2008, and the principal contract between the Defendant, and the principal contract between the instant agency contract and the insured, the Plaintiff, and the purchase price of the insurance shall be 10,000.

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