(영문) 서울중앙지방법원 2020.11.11 2018가합582215 (1)

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2020.11.11 2018가합582215 (1)

위약금

Text

1. The Defendant’s KRW 21,709,514 as well as the Plaintiff’s KRW 6% per annum from November 27, 2018 to November 11, 2020.

Reasons

1. Facts of recognition;

A. Goods supply contract 1) The purpose of the Plaintiff is to sell processed food through home shopping, online, or offline, and the Defendant is the wholesale and retail business of agricultural, livestock, and fishery products. The purpose of this contract is to manufacture and produce the Plaintiff’s brand products and supply them to the Plaintiff, and to maximize the Plaintiff’s interest in selling them through the Plaintiff’s circulation channels ( home shopping, online, and offline). The purpose of this contract is to maximize the Plaintiff’s interest. Article 2(Authority and Scope) of the Plaintiff has the authority to sell, marketing, and operate the entire business, and the Defendant has the responsibility and authority over the production, quality, packing, and QA of products.

1. The products that the Defendant supplies to the Plaintiff are specified in [Attachment 1] product specifications.

2. The name of the product used in the product is the trademark independently selected by the plaintiff, and the ownership and the right of use is against the plaintiff.

3. The defendant shall mark the plaintiff's trademark on the products, packages, etc.

The form and method of trademark indication shall be determined by the Plaintiff.

Article 7 (Order for and Delivery of Products)

1. The plaintiff shall place an order for a product in accordance with the mutually agreed schedule, and the plaintiff shall immediately notify the defendant of the fact of the order after the dispatch of the order.

The defendant shall promptly determine whether to receive the order from the time of receipt of the order and notify the plaintiff thereof.

Provided, That where any change occurs in the final order, the defendant shall immediately notify the plaintiff of the relevant fact and determine the delivery schedule, etc. through mutual consultation.

2. The defendant shall deliver the written order according to the size, quantity and the payment period on the written order.

Provided, That it is agreed that the product can be different in quality because it is produced through the minimum processing from the living things.

3. The defendant shall hold a minimum inventory that has been agreed with the plaintiff in advance.

유사 판례

-서울서부지방법원 2017.06.09 2016고단1995

-서울북부지방법원 2016.05.19 2015가합988

-의정부지방법원 고양지원 2016.03.23 2015고정1113

-서울동부지방법원 2018.05.29 2017가단104492

-서울중앙지방법원 2016.02.17 2015가합2039