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(영문) 창원지방법원거창지원 2017.10.31 2017가단10126
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 25, 1996, C Cooperatives (hereinafter “C”) concluded a sisterhood alliance between the Defendant Union and the Defendant Association for the promotion of mutual understanding and the linkage of projects.

B. From about twenty (20) years ago, the Plaintiff maintained a consignment contract under which the Defendant sold consigned agricultural products purchased from farmers and received part of the sales proceeds from the Plaintiff as commission, and entered into a renewed contract with Defendant D, which set the contract period as three (3) years with the Director of the Home Construction Business (hereinafter “instant consignment contract”) around April 2016, and its main contents are as follows.

Article 1 (Contract Goods and Price) A (Defendant)

ii)B (referring to the plaintiff);

2) The price of the goods to be supplied to A shall be the price offered by A for all goods to be handled by A.

Section 2(1) A shall issue an order in writing stating the name, size, quantity, time of delivery, and other terms and conditions of the goods to be supplied in accordance with the order. Section 3(1) A shall provide the following security to secure the performance of this contract:

On October 27, 2015, Article 5 (Period and Place of Supply) (Period and Place of Supply) A shall be supplied to the place designated by B within three days from the date of the order of B to the place designated by B, which is located within three days from the date of the order of B.

Provided, That in extenuating circumstances of A, the supply may be extended by mutual coordination with A and B.

Article 6 (Transport and Freight Liability) A shall bear the transportation and freight charges to the designated place provided for in Article 5.

Article 7 (Methods of Supply) A shall prepare and supply a detailed statement of transactions in the prescribed form pursuant to the order form issued by B.

Section 9 (Adjustment of Price) A transaction between F unions shall be tally conducted in accordance with the statement of transactions supplied by B.

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