(영문) 서울동부지방법원 2020.03.27 2018가단129870

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(영문) 서울동부지방법원 2020.03.27 2018가단129870

계약금 반환 청구의 소

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company with the purpose of telecommunications and scientific technology service business, and the manufacture and sales business of telecommunications equipment, and the Defendant is a company with the purpose of virtual and case manufacture, wholesale, etc.

B. The Plaintiff and the Defendant are medical devices that the Plaintiff had a certain amount of Caluri analysis from overseas fishing in the future.

Upon receipt of an order for the product (hereinafter “instant product”), the Defendant agreed to request the production of the said product and receive the delivery thereof.

C. On September 27, 2017, the Plaintiff and the Defendant entered into an OEM supply contract (Agreement) with the content of embodying the above consultation (hereinafter “instant contract”), and the main contents thereof are as follows.

Article 1 (Purpose) of the OEM Supply Contract (Convention). The purpose of this Agreement is to supply “B (referring to the defendant; hereinafter the same shall apply)” (referring to the plaintiff; hereinafter the same shall apply) with the goods prescribed in Article 2 to “B (referring to the plaintiff; hereinafter the same shall apply) and to contribute to B’s promotion of mutual benefits and prosperity by using the goods.

Article 2(Goods) The names of goods supplied to A shall be as follows:

1. Names of goods: C;

2. Specifications: Article 3 (Terms of Supply) as defined by A.

1. Eul shall supply only to Gap the entire amount of products produced by attaching Gap's trademark, log, and other necessary matters on products and packaging, etc., as ordered by Gap;

3.A shall guarantee, in the first year, at least 60,00 products of at least 60,000 products to B and purchase them at the unit price set out below:

A. Unit price: specify in Purcha Or. When awarding an order.

(b) Minimum amount of orders: 60,000EA;

4.The minimum quantity and unit price referred to in the preceding paragraphs may be modified by agreement between the Parties.

Article 4 (Disposition and Delivery)

1. A shall submit a plan for the expected order for each three-month period during the term of this contract at least two months prior to the commencement of that period;

2. A shall be individually assigned to B in accordance with the forecast order plan set forth in paragraph 1.

유사 판례

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