logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2014.12.11 2014가합100567
물품대금
Text

1. The Defendant’s KRW 74,653,696 for the Plaintiff and KRW 6% per annum from September 6, 2013 to December 11, 2014.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s determination on the claim for the price of goods is a company engaged in food processing and sales business, and the Defendant is a company engaged in food distribution (sales business), the Plaintiff and the Defendant entered into a continuous contract for the supply of goods (hereinafter “instant contract”) with the Defendant on July 2, 2007. According to the instant contract, the Defendant ordered the Plaintiff at least five (5) days before the date the Plaintiff wants to supply the goods (Article 5 of the instant contract), and the Defendant paid the price of the goods supplied by the Plaintiff at the end of each month to the Plaintiff by the fifth day of the following month (Article 7 of the instant contract). The Plaintiff supplied by the Defendant from August 1, 2013 to August 15, 2013 according to the Defendant’s order to the effect that there remains no dispute between the parties and the entire evidence No. 74,65,696, and the entire evidence No. 1206, May 26, 2013.

Furthermore, the Plaintiff asserted that the Plaintiff produced a total of 30,159,360 won of the instant product in accordance with the Defendant’s order issued on August 13, 2013 or August 20, 2013. However, it is insufficient to recognize that the witness A’s testimony alone ordered 13,440 of the instant product to the Plaintiff, and there is no other evidence to prove otherwise.

[Other, the plaintiff asserts that the contract of this case is a IM (OEM) contract that produces goods using the defendant's trademark, and thus it is practically impossible to dispose of the goods produced under the above contract to others, and there is no ground to see it as such to the defendant for ordering 13,440 goods of this case produced by the plaintiff, but there is no special ground to see it.

arrow