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(영문) 창원지방법원 2014.11.27 2014가합30544
건물명도
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) the indication of the same drawings among the underground floors of real estate listed in the attached Form (1);

Reasons

1. Basic facts

A. The Plaintiff is a trade union organized by D Co., Ltd. (hereinafter “D”)’s employees belonging to the original plant.

Article 5 (Restrictions on Products) The following goods shall be restricted from selling:

3. A product for which the manufacturing and expiration date has passed under Article 8;

3. The defendant shall be liable for not only the discontinuance of transaction but also all accompanying damages when the quality, name, etc. of the goods decided in consultation with the plaintiff intentionally or when there is gross negligence (the deterioration of the goods and the expiration of their distribution period).

Article 11 (Termination of Transactions during Terms of Contracts)

5. In cases falling under Article 5, the reason for termination shall be immediately applicable;

6. If necessary, the plaintiff may verify at any time whether the reported price and the goods are sold normally, and the defendant shall respond at any time to verify by the plaintiff.

In addition, even if an objection is conducted at the time of sale, the defendant cannot raise any objection.

Article 12 (Penalty)

1. When the contract is terminated due to the defendant's cause attributable to the contract during the contract period, or when the defendant's unilateral termination of the contract is not notified, the defendant shall pay to the plaintiff a penalty of five million won.

B. On November 17, 2010, the Plaintiff issued an order of November 17, 2010 with the Defendant and the said creative plant.

The term of contract from November 17, 2010 to November 16, 2012 with respect to each part of the building stated in the port (hereinafter “instant store”) was entered into a lease contract with a deposit deposit of KRW 5 million, and a monthly rent of KRW 2.5 million (payment on January 25, 201), and operated business with a trade name “E” (hereinafter “instant lease contract”). The said lease contract includes the following agreements:

C. On October 4, 201, F et al., an executive officer of the Plaintiff, collected products, such as drinking water and raw heade, on the ground that the Defendant sold the products whose distribution period has expired at the instant store operated by the Defendant.

The plaintiff held a welfare committee on October 10, 201 and the defendant's products whose distribution period has expired.

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