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(영문) 창원지방법원 진주지원 2018.08.29 2017가합11103
물품대금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 5,182,50 and the Defendant Agricultural Company ActB, Inc. on July 2, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the production, processing, and distribution of Pacific, and Defendant Incorporated Company B (hereinafter “Defendant B”) and Defendant Incorporated Company D Co., Ltd. (hereinafter “Defendant D”) are companies engaged in the production, processing, and distribution of agricultural products, and Defendant C is the representative director of Defendant B.

The basic contract of this case

2. Defendant B will supply the entire part of the Pacifica produced by the Plaintiff to Defendant D on behalf of the Plaintiff.

3. Defendant B shall supply Pacific (5kg/BOX) produced by the Plaintiff to Defendant D from November 15, 2016 to June 30, 2017.

4. During the period set forth in paragraph 3 above, the Plaintiff shall shipping the Pacifica produced through Defendant B to Defendant D the entire quantity, and shall immediately consult with the Defendant B in the event of a malfunction in the supply of defective goods due to extenuating circumstances, such as a decline in production due to low dust caused by yellow dust, natural disasters, etc.

In addition, three shipping places, dates, methods, forms, etc. shall be adjusted from time to time through consultation.

5. After the agreement on this basic contract has become final and conclusive and this contract has been concluded, Defendant B will guarantee the payment of the Plaintiff for the performance of the contract.

6. The Plaintiff, Defendant B, and Defendant D3 shall faithfully perform the terms and conditions of this Framework Agreement on the basis of the good faith principle, and may immediately terminate this Agreement when the said terms and conditions have not been fulfilled.

Article 2 (Contract Period) (1) The contract period shall be from November 15, 2016 to June 30, 2017.

Article 3 (Supply and Price of Goods) (1) The producer (referring to the plaintiff) shall supply Pacifica in accordance with the terms and conditions of consultation between the producer and the supplier (referring to the defendant B).

Provided, That detailed conditions, such as the size, quantity, place of delivery, and date of payment of Pacific, shall be determined by mutual agreement of both parties later.

(3) The price of the good shall be 5km (XL, L, M, S.).

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