logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.05.25 2016가합2318
선금반환
Text

1. Defendant A and B Co., Ltd. jointly and severally file for the Plaintiff KRW 306,240,800, and the Defendant A Co., Ltd. on the part of the Plaintiff.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) is a company aimed at the manufacturing business of automobile parts. When a steel plate, etc. was made as a material, and a scrap metal has been sold to others.

B. On September 18, 2014, Defendant A entered into a contract for the supply of scrap metal (hereinafter “instant supply contract”) with the Plaintiff, which is a collection and recycling company of scrap metal, and upon paying advance payment to the Defendant, the Defendant supplied the Plaintiff monthly scrap metal and deducted the payment from advance payment.

On the same day, Defendant B guaranteed the obligation under the above supply contract of Defendant A.

Article 2 【Delivery Products】

1.The products sold by "A (Defendant A)" are as follows:

(a) Names of goods: SSCRP 2) quantity: 3): upper scrap metal 4: settlement of accounts, depending on fluctuations in market prices;

3. “B” shall deposit the 300,000,000 won of an advance payment (Won 300,000,000) to “A”, and shall be determined on the condition that the monthly amount of daily gold (Won 10,000,000) shall be deducted from the total amount of the closing at the end of each month.

Article 5 【Prohibition of Transfer” cannot request the purchase of the product to a third party without the prior written consent of “A”, and the rights and obligations under this Agreement shall not be transferred to a third party.

Article 7 【Effective Term】

1. This Agreement shall enter into force from October 01, 2014 to the end of the Agreement between the Parties, and shall be automatically extended every one year, unless the Parties express any separate intention at least one month before the end of the Agreement.

2. Even if the contract is terminated or terminated, the effect of this contract shall continue to exist within the relevant extent when the performance of obligations, such as compensation for damages, etc. occurs;

Section 9. 【Special Agreement' provides for the following matters, other than the general matters of the contract, and where the general matters and the special agreement conflict with each other, the special agreement shall prevail.

arrow