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(영문) 수원지방법원 2018.11.08 2017나87708
물품대금반환 청구의 소
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 basic facts of the claim (1) The plaintiff is a company that wholesales and retails automobile goods, and the defendant is a personal business operator who manufactures and sells electronic goods in the trade name of "C".

(2) On June 24, 2014, the Plaintiff entered into a contract with the Defendant to exclusively supply 125,000 won or more (including value-added tax) for one year (in the absence of any objection thereto, automatic extension) from the date of entering into the contract (hereinafter “instant contract”), and the specific contents are as follows.

Article 3 [Contract Products] 1) B (Defendant] (hereinafter “Defendant”).

hereinafter the same shall apply.

) This refers to “Plaintiffs” (hereinafter “Plaintiffs”).

hereinafter the same shall apply.

) The brand name that is to be supplied to the Party D is “D” and the model name is “E”. Article 4 [Product Price and Settlement] 2] The settlement of the price is based on Party A’s closing sales for a month and making cash payments to Party B on the 10th day of the following month.

Provided, That if the quality of the product at the time of the sale of the latter product is good, A and B may modify the above settlement method and quantity.

Article 5 [Payment Period] 1) The delivery of a product shall be 4-6 weeks after the receipt of the order by Gap (Provided, That if the delivery date is delayed, Eul shall notify Gap in writing or by e-mail without delay, and the time schedule for payment shall be determined through consultation between both parties.

(i)Article 8 (Return of Goods and A/S) (Return of Goods and A/S) is defined as follows, provided that there is an objection to recognition as to each of the following items, it shall be determined upon consultation between B and A. In the case of defective products:

Article 9 [Measures in Cases of Violation of Contracts] If A or B violates this Agreement, notification of termination of the contract or claim for damages may be made according to the degree of such violation.

(3) Under the instant contract, the Plaintiff was supplied with 1,533 goods of this case from the Defendant on five occasions as indicated below, and the Defendant.

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