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(영문) 서울고등법원 2019.07.04 2019나2012167
물품대금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a company established on November 11, 1987 for the purpose of the business of publishing and selling newspapers. The defendant is a company established on December 28, 1998 for the purpose of C and D newspaper sales and branch offices (branch offices) management.

B. Around January 2009, the Plaintiff and the Defendant concluded a “C Lifelong Member Delivery Contract and C Purchase Contract” with the following content:

(hereinafter “instant purchase agreement.” The Defendant and the Plaintiff enter into a contract to deliver the daily newspaper C issued by the Plaintiff to the Defendant’s lifelong members to the members designated by the Defendant as follows:

Article 1 (Supply of Newspapers) The defendant's membership roll to the plaintiff for delivery C shall be delivered to the defendant's members, 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 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. The delivery charge for each 31 unfair month 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 to the members designated by the Defendant, and the Defendant shall pay the payment in cash by the fifth day of the following month after receiving the 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) With respect to the delivery fees to C Branch Countries which are the Plaintiff’s delivery organizations.

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