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(영문) 서울서부지방법원 2017.08.23 2016가합1021
물품대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

1) The Plaintiff is a company that aims at the manufacture, wholesale, and services of financial instruments, computer servers, etc., and Defendant Escam is a company that manufactures telecommunications equipment, manufactures signboards and advertising materials, and manufactures Defendant Escam, and engages in the wholesale of mechanical equipment, and Defendant Escam is a company that aims at the construction of telecommunications equipment. 2) Defendant Escam is a company that carries out the construction of a micro enterprise information system that allows direct trade shopping, job offering, job offering, etc. of food materials through a personal device provided to food service managers, and Defendant B is the representative director of the Defendant Center.

On December 22, 2014, the Plaintiff and the Defendant Center entered into a total sales contract with the Defendant Center, and the Defendant Center entered into a total sales contract with the Defendant Center on C.

According to the above total sales contract, if the defendant center or its affiliated company orders C to the plaintiff, the plaintiff shall deliver C to the defendant center or its affiliated company and deliver C to the defendant center or its affiliated company, and the defendant center or its affiliated company shall pay the price in accordance with the terms and conditions agreed in advance with the plaintiff at each time of transaction. Article 2 (2) (2) including this, may supply C to the defendant center or supply it to the defendant center or to the cooperation partner of the defendant center designated by the defendant center.

Article 3 (C’s Order, Delivery, and Inspection) (1) The cooperation partner between the Defendant Center and the Defendant Center shall issue to the Plaintiff a written order specifying C’s name, quantity, price, time of delivery, terms and conditions of payment, etc.

At this time, the order should be objectively recognized that it was issued by the defendant center or the affiliated company of the defendant center.

(2) Based on the written order of affiliated companies of the Defendant Center or the Defendant Center, the Plaintiff shall deliver C to the Defendant Center or the Defendant Center within the period of time in accordance with the sales procedure.

(3) A partner of the Defendant Center or the Defendant Center shall take over C.

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