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(영문) 대구지방법원김천지원 2016.07.06 2015가단32161
물품대금
Text

1. As to KRW 52,200,125 among the Plaintiff (Counterclaim Defendant) and KRW 33,009,525 among the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim, May 16, 2014.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On June 1, 2009, the Plaintiff entered into a direct sales agreement with the Defendant with the following terms and conditions (hereinafter “instant contract”) Article 2 (Real Name), Article 4 (Terms and Conditions of Sale) of active coal and related products produced and sold by the Plaintiff.

1. The defendant may not sell other products than the plaintiff's products.

2. The plaintiff supplies products faithfully for the defendant's smooth operation.

Article 8 (Settlement of Prices) The defendant shall settle the price paid in cash by the 30th day of the following month after the date of acceptance of the product.

Article 11 (Business Support) The plaintiff shall assist in matters necessary for the defendant's business activities in consultation with each other.

Article 13 (Term of Contract)

1. The periods of this Agreement shall be three years from 1 June 2009 to 31 May 2012.

2. If there is no objection between the plaintiff and the defendant after the expiration of the contract term, this contract shall be considered to be in force continuously.

Article 14 (Termination of Contract) The plaintiff may terminate the contract in the following cases, and the defendant shall not raise an objection against this:

2. Where the defendant's payment of price is not performed as agreed upon;

4. Where the contract cannot be maintained by any other act attributable to the defendant.

B. The Defendant supplied active coal and related products from the Plaintiff from October 18, 2014 after the conclusion of the said contract, and the Defendant supplied them with the Korean Coccarb drink Co., Ltd., Ltd., Ltd. (hereinafter “Coccarb”).

(B) Live beverages Co., Ltd. (hereinafter referred to as “fluoring beverages”)

E) On June 18, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that “the Defendant’s failure to pay the price would terminate the instant contract.” On June 19, 2015, the said content-certified mail reached the Defendant on June 19, 2015. [Grounds for Recognition] Nos. 1 and 3 (including serial numbers, hereinafter the same shall apply)

each entry, the purport of the whole pleading

2. As to the principal claim

A. On the basis of March 25, 2014, the Plaintiff is from the Defendant.

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