(영문) 서울남부지방법원 2018.05.18 2017가단243437

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Reasons

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크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.05.18 2017가단243437

건물명도(인도)

Text

1. The defendant

(a) Of the real estate listed in the separate sheet, each point is indicated in the separate sheet No. 1, 2, 3, 4, 5, 6, and 1.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs the business of manufacturing and selling clothes and the business of leasing real estate, and is the owner of the real estate listed in the attached list (hereinafter “instant building”), and the Defendant is a corporation that runs the business of selling clothes, leisure goods, etc.

B. From June 2010, the Plaintiff supplied the goods designated by the Defendant to the Defendant. However, among the instant building owned by the Plaintiff, the part (Ga) connected with each point of indication 1, 2, 3, 4, 5, 6, and 1 of the attached drawings among the instant building (hereinafter “instant store”) was directly sold to the Defendant’s sales promotion personnel through the Defendant’s sales promotion personnel, and entered into a special contract purchase agreement with the Plaintiff to receive the remainder after deducting a certain sales commission from the sales proceeds. The main contents of the contract concluded on February 27, 2017 (hereinafter “instant contract”) are as follows.

Article 4 [Supply of Goods] (1) Kind, quantity, and history of the goods to be supplied by the defendant to the plaintiff, the place of delivery of the goods, and the delivery date shall be as specified in attached Table 1.

(2) The defendant shall deliver the goods to the delivery date and place under paragraph (1) without fail, and where it is impossible to deliver the goods on the delivery date under paragraph (1) due to unavoidable reasons, he/she shall request the plaintiff to extend the delivery deadline and obtain prior approval from the plaintiff by

④ The Plaintiff, upon the supply of the goods by the Defendant, completed an examination in accordance with the examination criteria under Article 5(2) and, except in any of the following cases, shall promptly receive the goods supplied by the Defendant under this contract:

1. Where the supplied goods have been damaged by any reason attributable to the defendant;

2. Where any defect exists in the supplied goods;

3. Where the supplied goods are different from the goods ordered by the Plaintiff;

4. Where the goods mainly sold for a given period are delivered after the given period;

5. Other matters specified in subparagraphs 1 through 5.

유사 판례

-서울고등법원(인천) 2020.09.17 2019나14248

-서울고등법원 2018.5.9.선고 2017나2050851 판결

-서울북부지방법원 2021.01.14 2019가합20522

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