(영문) 수원지방법원 2018.10.16 2017가단536537

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(영문) 수원지방법원 2018.10.16 2017가단536537

물품대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a business operator who produces and supplies clothes functional in the trade name of E, and F (hereinafter “Nonindicted Company”) is a company that distributes and sells functional clothes.

Article 2 (Subject Matter and Method) The Plaintiff shall supply the non-party company with functional clothes among the products developed and manufactured by the Plaintiff, and the non-party company shall be supplied by the Plaintiff and sold to the plaintiff's brand to the domestic user.

Article 3 (Definition and Right of Products) The non-party company's products to be supplied by the plaintiff are products produced and supplied by the plaintiff.

Other products may be added by agreement of the Parties, and the added products shall be governed by the incidental agreement.

Article 4 (Supply Price) Supply schedule and supply schedule shall be determined by a separate military unit agreement.

Article 5 (Settlement)

1. The terms and conditions of payment shall, at the same time as the contract, deposit 50% of the price for the supply of the product to the Plaintiff, and deposit 50% of the remainder within 60 days after the supply of the product.

B. On February 21, 2017, the Plaintiff entered into a product supply contract with Nonparty Company with the following terms (hereinafter “instant product supply contract”).

C. The non-party company ordered products worth KRW 231 million to the Plaintiff three times from March 1, 2017 to June 2017, based on the instant product supply contract. The Plaintiff supplied all of the above products ordered by the non-party company to the non-party company until June 8, 2017, and the non-party company paid all the goods price for the said products to the Plaintiff from March 1, 2017 to August 16, 2017.

On July 4, 2017, Nonparty Company ordered G (hereinafter “instant First Product”) to the Plaintiff. On July 12, 2017, the Plaintiff agreed on the supply price of the instant First Product with Nonparty Company as KRW 33.4 million and supplied all the instant Product until August 4, 2017.

Afterward, the non-party company's product is related to the product.

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