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(영문) 서울남부지방법원 2014.11.20 2014가합780
물품대금
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 153,829,60, and KRW 42,924,400 among them, the Defendant (Counterclaim Defendant)’s payment of KRW 153,829,60 on December 23, 2013.

Reasons

1. Basic facts

A. On June 1, 2013, the Plaintiff entered into a contract for the supply of products, such as co-ownership of computers and peripheral devices, to the Defendant, who runs a wholesale and retail business of network equipment.

(hereinafter referred to as “instant contract”). The purpose of this Agreement is to provide for all rights and obligations between the two companies in order to maximize mutual sales and the creation of profits by supplying Maart-only products developed/manufactured by the Plaintiff to the Defendant by monopoly.

Article 3 (Period of Contract) The contract period of the defendant and the plaintiff shall be three-year, and in principle, the contract period shall be automatically extended if not notified in writing three months prior to the expiration of the contract period.

Article 4 (Disposition) The defendant shall compute the estimated quantity to the plaintiff and place an order.

Article 5 (Supply of Products) The Plaintiff shall supply products ordered by the Defendant to the day and place designated by the Defendant.

Article 7 (Payment of Price) The defendant shall pay in cash the credit sales claims incurred in the course of the above transactions to the account designated by the plaintiff pursuant to the following conditions, with cash deposit and remittance to the bank account:

§ 8 (Reasons for Termination) 90 days from the date of supply

1. In the event that the Defendant and the Plaintiff did not perform all the obligations under this contract, the contract may be terminated due to the following reasons.

2. The defendant and the plaintiff may terminate this contract when they consider it difficult for the company to operate due to dishonor, provisional attachment, regulation of business activities, etc.

3. The defendant and the plaintiff may terminate this contract through mutual agreement.

4.The termination of this Agreement may be terminated upon the occurrence of any other cause for termination specified in each paragraph of this Agreement.

Article 9 (Notice of Termination) When intending to terminate a contract on account of the grounds for termination under the above Article 8, the defendant and the plaintiff shall be notified in writing three months prior to the date of termination.

Article 3 of the Addenda shall be amended and notified.

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