(영문) 대구지방법원 2018.08.17 2017가단24325

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(영문) 대구지방법원 2018.08.17 2017가단24325

채무부존재확인

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1. The plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiffs supplied the Plaintiffs with the devices, cores, and other goods. If the Plaintiffs received the Defendant by attracting their clients to subscribe to communications products, the Defendant entered into an agency contract with the content that the Defendant pays the fees agreed upon to the Plaintiffs (hereinafter “instant contract”). On January 1, 2015, the Plaintiffs concluded a renewal contract with the said content.

B. Of the content of the instant contract, the content pertaining to the instant case is as follows.

Article 11 (Supply of Goods) A company may supply agencies with goods as follows:

1. The supply shall be within the limit of the value of securities recognized by a company based on supply prices (including value-added tax);

2. The company and agencies shall decide upon kinds, quantities, supply prices, time of supply, place of delivery, etc. through a separate consultation;

3. A company may apply the reduction of the discount on the sales of terminals from the value of supply of terminals.

Article 12 (Delivery of Goods and Payment of Price) The method and method of payment for the delivery of goods between a company and an agency shall be as follows:

4. The ownership of all goods supplied by a company to an agency shall be transferred to the agency at the time the agency pays the price in full to the company and shall be held by the company prior to the payment in full.

6. If the agency is supplied by the method that purchases goods from the company, the agency shall pay the price of the goods in cash not later than the end of the month following the month to which the delivery date belongs (hereinafter referred to as the "payment date").

Provided, That where the company consents individually, the claim incurred from the supplied goods and the price for the relevant goods may be offset.

7. If the agency fails to pay the price of the goods by the end of the following month of the month in which the delivery date of goods falls, 14.6% per annum from the following day to the completion date of the payment of the price of goods.

유사 판례

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-대전지방법원 2018.12.05 2017나111725

-서울고법 2013. 9. 4. 선고 2012누31030 판결

-대법원 2015. 12. 23. 선고 2013두19615 판결

-수원지방법원 2016. 11. 15. 선고 2014구합50089 판결