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(영문) 서울고등법원 2017.02.03 2016나2032658
매매대금반환
Text

1. The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The plaintiffs' claims are filed.

Reasons

1. The following facts do not conflict between the parties, or are recognized by comprehensively considering the overall purport of the pleadings as a whole in each entry in Gap evidence 2 to 4, and 10 (including the number, if any,; hereinafter the same shall apply):

A. On December 9, 2013, Plaintiff B Blus Co., Ltd. (hereinafter “Plaintiff Blus”) entered into a contract for the supply of goods (hereinafter “A” refers to Plaintiff B and “B,” respectively; hereinafter “instant supply contract”).

Article 2 This Agreement shall apply to all agreements between A and B relating to the supply of goods during the term of the contract provided for in Article 3.

Provided, That where individual agreements on the supply of goods conflict with the contents of this Agreement, individual agreements shall prevail.

Article 4. The kind, item, quantity, price, place of supply, date of supply, and other specific terms of the good that Party A supplies to Party A shall be determined by an arrangement to be concluded separately with Party A.

Section 5 Section 1) A shall carry out the overall work of gold-type work and the supply of goods at the same time upon request to B for the supply of goods. 2) By entering into this Agreement with B, it shall specify that the progress of the supply of goods is mutual recognition.

3) A shall order a good with an order specifying its kind, item, quantity, place of supply, date of supply, etc. A shall take into account the production capacity and inventory of B. 4) B shall, within one week after reviewing the order details received from A, notify A as to whether it has been accepted.

5) In the absence of paragraph 4 above, Eul will accept the order of Gap.

Article 8(1) A shall pay 30% of the ordered amount to B at the time of the first order for the goods (the advance payment for the expenses of subsidiary materials shall be made in advance, and the 20% prior to the shipment after the shipment inspection shall be deposited.

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