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1. The Defendant’s KRW 199,981,472 as well as the Plaintiff’s annual 6% from January 2, 2017 to October 27, 2017, and the following.
Reasons
Basic Facts
The plaintiff is a company that aims at foreign trade and export business, and the defendant is a company that engages in trade consulting business, overseas logistics agency business, etc.
On January 1, 2016, the Plaintiff entered into a product supply agreement (hereinafter referred to as the “instant agreement”) with the Defendant to supply goods to be exported from a foreign country from the Defendant, and its major contents are as follows:
Plaintiff: Article 2 (Definition of Terms) of “A” and “Defendant” (hereinafter in this Schedule the same shall apply)
1. Advance payment: The purchase price paid in advance by A to be supplied with the goods to B, and if A demands the return of the goods, B shall be obligated to return;
3. IT-based website: web services operated by Eul to form a smooth supply relationship between Eul and Eul, which are developed for the convenience of ascertaining the supply of goods and the payment of prices.
Article 4 (Supply of Goods) (1) This Agreement provides for the basic matters concerning a long-term contract for supply of goods with Gap and Eul, and the specific name, quantity, quantity, unit price, etc. of the goods to be supplied shall be determined by separate contracts (hereinafter referred to as “individual contracts”) at each request for supply.
2. An individual contract shall be entered into upon Gap's consent, indicating his intention to supply the optimal goods to Gap, on the IT-based website operated by Eul to supply the goods.
Provided, That if Party A does not raise any objection to the goods marked by Party A, it shall be deemed to have consented thereto.
Article 5 (Payment of Price) (1) The price of goods shall be according to an individual contract between A and B, and shall be based on the price of supply of B, unless there is a separate declaration of intention.
2. Where A has paid the price for goods to B in advance, the price shall be paid in advance by deducting the price for goods for which A is liable to pay to B from the price for goods.
(3) Paragraph (2).