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(영문) 서울남부지방법원 2015.10.16 2014가합6528
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an agricultural partnership that runs the business of producing and selling sun-dried salt, etc., and the Defendant is a company that runs the business of processing and wholesale and retailing agricultural products.

B. On July 17, 2013, the original Defendant entered into a product purchase agreement (hereinafter “instant basic agreement”) with a view to prescribing the basic matters regarding the supply of sun-dried salt.

A contract for the purchase of goods (hereinafter referred to as "A") and an incorporated agriculture association corporation of the New Annando (hereinafter referred to as "B") shall enter into a basic contract as follows to determine the basic matters concerning the supply of raw materials for the materials of sun-dried salt:

II.(Basic Contracts and Individual Contracts)

1. This basic contract shall also apply to a separate contract for an individual transaction (hereinafter “individual contract”) unless otherwise agreed that the basic matters regarding the supply of raw materials for sun-dried salt between A and B are set out and that there is a separate agreement between A and B, and both B and B shall comply with this basic contract and individual contract.

2. Each contract shall state the name, appearance, quantity, unit price, date and place of delivery, the method and time of inspection, the method and conditions of payment, etc. of the goods to be supplied.

3.In the event that the supply is frequently unable to enter into an individual contract, A shall enter into an individual contract by issuing an order stating the contents of the preceding paragraph.

Provided, That this shall not apply where B expresses in writing the intention of refusal within seven days from the date of receipt of the order.

Article 7 (Supply of Goods and Payment Period)

1. Eul shall deliver the main goods equivalent to the fixed order quantity of Eul at the time designated by Gap according to Gap's order at a time;

C. On November 15, 2013, A, an employee of the Defendant, supplied a total of 1,000 tons of sun-dried salt to the Plaintiff on four occasions from February 2, 2014 to December 2014, 2014 (hereinafter “private safaba, etc.”) to the Plaintiff, “Safababa, etc.” (hereinafter “private sababa, etc.”) in the name of the Defendant.

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