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(영문) 대전고등법원(청주) 2016.03.15 2015나10630
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Claim:

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of manufacturing and selling steel products, and the defendant is a corporation established for the purpose of manufacturing and selling steel products.

B. On March 15, 2011, the Plaintiff and the Defendant entered into a contract for the supply of steel reinforcements for windows (hereinafter “restions”) (hereinafter “instant contract”). The key contents are as follows:

(A) “A” refers to the Defendant, and “B” refers to the Plaintiff). Article 1 (Purpose) of the sales contract provides continuous supply of goods to Party A in accordance with the order of Party A, and Party A provides for the rights and obligations between Party A in purchasing the goods.

Article 5 (Orders) (1) A shall issue B in writing an order stating the size, quantity, time and place of delivery, etc. of products.

Provided, That A may issue a written order from time to time by mutual agreement with B, depending on the business status of A.

(2) Eul shall notify Gap in writing whether it accepts an order within three days from the date of receipt of the order, and if Eul fails to notify thereof, it shall be deemed that it accepts the order.

Article 16 (Cancellation and Termination of Contract) (2) Where the other party to a contract falls under any of the following subparagraphs, A or B may cancel or terminate this contract where the other party to the contract has notified him/her of the implementation thereof within a specified period of not less than ten days and fails to perform it within such specified period

(1) If, without any justifiable reason, it is deemed difficult to achieve the purpose of the contract in violation of the terms and conditions of this contract if (b) the request is made for provisional attachment, provisional injunction, seizure, auction, or commencement of compulsory execution on important property from a third party (d) in the event that it is difficult to achieve the purpose of this contract, in contravention of the terms and conditions of this contract.

(4) A or B shall cancel and terminate this contract under paragraph (1) or (2).

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