(영문) 서울서부지방법원 2017.09.05 2017나32019

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(영문) 서울서부지방법원 2017.09.05 2017나32019

손해배상

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1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs food distribution business, logistics business, etc., and is a company that has a transaction relationship with the Home Plus Co., Ltd. (hereinafter “ Home Plus”) and the Defendant (the Defendant: a peach, Inc.) is a company that manufactures and sells raw water.

B. On May 27, 2013, the Defendant entered into a contract on the supply of the instant goods to the Plaintiff on May 27, 2013, with a view to distributing through the Plaintiff the growth number of goods in the name of “Alsan 8.5” (hereinafter “instant goods”) that the Defendant manufactured and sold, “Alsan 8.5,000,000” (hereinafter “instant goods”). Article 3

1. The term of this contract shall be one year from May 27, 2013 to May 26, 2014;

2. Unless both parties give written notice of the refusal to renew to the other party one month prior to the end of the above period, the period of this contract shall become effective automatically by one year on the same condition.

Article 5 Payment of Price

1.The proceeds of the goods under this contract shall be paid in cash to the Home Pluter's payment payment base date.

2. (Conceive Delivery, Acceptance/Return, and Return of Goods) Article 6;

1. The place of delivery and return of goods shall be the designated storage of “Plaintiff” and, in the event there is a difference in the interpretation of the provisions of this Agreement in the interpretation of Article XIII of the Agreement, agree to follow the interpretation of “Plaintiff” if there is any portion not prescribed.

Article 16 Effective of Contracts

1. The effects of this Agreement shall enter into force on May 27, 2013.

The main contents are as follows:

(hereinafter “the primary contract of this case”). The term of the contract under Article 3

1. The term of this contract shall be from August 1, 2013 to July 31, 2014;

2. Unless both parties have given written notice of the refusal to renew to the other party one month prior to the end of the above period, the period of this contract shall be automatically extended one year on the same condition.

유사 판례

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