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(영문) 부산지방법원 2020.04.23 2019나57954
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. The Plaintiff is a corporation established for the purpose of manufacturing and selling functional health foods with the trade name of C, and the Defendant is a corporation established for the purpose of manufacturing and selling functional health foods.

B. On December 21, 2016, the Plaintiff entered into a contract for the supply of goods with the Defendant to supply D (hereinafter “D”) 45,000 tons to the Defendant (hereinafter “instant goods supply contract”).

its key

Details are as follows:

Article 2 (Name of Goods and Unit Price): 80ml x 30ml x 30ml x unit price: 9,000 won (excluding value-added tax, value-added tax, 300 won per 1bOX), quantity 1,500 OX, date of supply, December 27, 2016 - The scope of consignment production: The payment for all packages, such as product extraction (production), product soft packaging, product packing, external packaging, and door-to-door packing, etc., shall be made in cash after the end of each month based on the production quantity of the goods.

Article 4 (Supply of Raw and Incidental Materials) 1) Raw materials and packaging subsidiary materials necessary for processing products shall be supplied by Gap (Defendant) and subsidiary materials used in manufacturing products shall be supplied by Eul (Plaintiff) and shall be settled and approved by Gap. Article 8 (Quality Guarantee and Compensation) 2) A shall be shipped out to a storage of finished products of Eul only in cases where they pass the production of Eul, and shall be discarded in cases where it is impossible to sell them.

3) At the time of the occurrence of teas (e.g., deterioration of content, capacity and quantity shortage, occurrence of foreign material) due to defects in the manufacturing process of the supplied product, B shall be responsible for the disposal thereof. [The fact that there is no dispute over the grounds for recognition, entry in Gap evidence 1 and 2, and the purport of the whole pleadings and arguments.

2. Determination on the main claim

A. The fact that the Plaintiff agreed to supply D 45,000 parcels to the Defendant until December 27, 2016 in the instant goods supply contract is as seen earlier.

(2).

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