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(영문) 서울남부지방법원 2018.02.02 2017가합105730
물품대금
Text

1. As to the Plaintiff KRW 826,202,124 and KRW 36,868,548 among them, the Defendant shall pay back to June 6, 2014, and KRW 99,069,768.

Reasons

1. Basic facts

A. The Plaintiff shall publish and sell newspapers, etc., and the Defendant shall be a stock company with the business purpose of publishing and selling newspapers A, C, and managing branch offices (branch offices).

B. On January 2009, the Plaintiff and the Defendant concluded a “A lifelong member delivery contract and A-purchase contract” with the following content:

(hereinafter referred to as the “instant contract”). The instant contract has been automatically extended to the present day in accordance with Article 5.

In order to deliver a daily newspaper A issued by the Plaintiff to the Defendant’s lifelong members to the members designated by the Defendant, the Defendant and the Plaintiff enter into a contract as follows:

Article 1 (Supply of Newspapers) The defendant's membership roll shall be delivered to the plaintiff for delivery A, and the plaintiff shall be delivered in good faith through his/her delivery organization, and the defendant shall pay the newspaper price and delivery fee on the fixed date.

Article 2 (Notification of Number of Newspapers and List of Members) The defendant shall notify the plaintiff of the number of A purchase and the list of members each month, and the plaintiff shall deliver the list to the notified members at the place designated by the defendant.

Article 3 (Unit Price for Purchase and Delivery Fee)

1. A 1-month delivery fees shall be KRW 7,100;

(Additional Value-Added Tax). 2. The unit price for each unfair month in newspapers shall be 2,676 won.

3. The unit price under paragraphs 1 and 2 may be adjusted by mutual agreement between the defendant and the plaintiff.

Article 4 (Payment of Price) The plaintiff shall file a claim with the defendant after completing the delivery A to the member designated by the defendant, and the defendant shall pay it in cash by the fifth day of the following month after receiving a claim.

Article 5 (Period of Contract) This Agreement shall be one year from January 1, 2009 to December 31, 2009.

Provided, That where there is no request for change by one month prior to the expiration of the contract period, it shall be automatically extended.

Article 6 (Payment of Value-Added Tax) Where a branch of A, which is the Plaintiff’s delivery organization, claims value-added tax on the delivery fees, the name of the branch of A.

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