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(영문) 대전지방법원논산지원 2014.11.06 2014가단126
물품대금
Text

1. The Defendant: (a) KRW 71,729,90 for the Plaintiff and KRW 5% per annum from November 1, 2013 to November 6, 2014; and (b) the following.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 5, 6, 7, and Eul evidence Nos. 1-1, 2, and 2:

On January 1, 2013, the Plaintiff entered into an agency contract (hereinafter “instant contract”) with the Defendant, who operates a clothing sales place for the Southern Sea Highway (hereinafter referred to as the “Seoul Sea Highway”) to supply household appliances, such as bags, brailles, booms, and glue acids, to the Defendant by July 17, 2014.

The main contents of the instant contract are as follows.

(hereinafter referred to as “A” and “B” refer to the Defendant). Article 3 (Handling Goods) A shall deliver to B goods that can contribute to the promotion of sales, and B shall not handle other goods than those supplied by “A”.

(Provided, That in order to guarantee the implementation of this Agreement, Article 5 (Contract Deposit), Section 5 (B), as the contract bond, deposits the cash interest of KRW 20,000 ( KRW 20,000) with the contract bond, and shall not pay interest thereon.

(2) The contract deposit under the preceding paragraph shall be refunded within 60 days after the settlement of claims and obligations between A and B after the completion of the transaction.

However, if this contract is terminated due to reasons attributable to B during the contract period, the security deposit shall be reverted to A as penalty.

The reversion of the contract bond shall not affect a claim for damages by A.

Article 6 (Supply Price of Goods) The commission for goods shall be determined as follows:

- 55% (including surtax), 45%, and 45%, provided that some of the items(s)(s) shall be determined by consultation with A and B.

35% A sales period of Article 7 (Settlement of Goods Price) shall be the first or last day of each month, and the settlement shall be made in cash to the account designated by Eul on the 15th of the following month.

Article 13 (Termination of Contract) - A shall terminate in writing without peremptory notice to B when any of the following causes occurs:

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