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(영문) 서울중앙지방법원 2016.02.24 2015가단5083173
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is about 10,250.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that supplies coffee and food drinks to the store of the Ytp, a corporation operating a DNA franchise business, with the trade name of “Ytp:/www.co.co., Ltd.)”. The Plaintiff is a company that supplies coffee and food drinks to the store of the Ytp, a corporation that manufactures and sells them.

B. On October 24, 2013, the Plaintiff entered into a product supply contract with the Defendant with the following content.

Article 2 (Term of Contract) This Agreement shall become effective from November 1, 2013 to October 31, 2014.

Provided, That the contract period may be extended under the mutual agreement between the plaintiff and the defendant, and if no declaration of intention is made 30 days before the contract period expires, the contract period shall be automatically extended under the same conditions.

Article 3 (Duty to Supply Goods)

1. The defendant shall supply the plaintiff and the plaintiff's franchise store with goods mutually agreed upon.

Goods supplied by the defendant may be added/ excluded under the agreement even during the contract period.

Provided, That it shall be limited to excluded goods, which shall be mutually agreed at least one month prior to the request of the plaintiff, and goods produced at the request of the plaintiff shall be excluded from the point of time of inventory for one month

Article 5 (Duty to Provide Information on Goods)

1. The defendant must provide information on the goods requested by the plaintiff, such as the name, model, characteristics, and specifications of the goods, in the form requested by the plaintiff before the date of withdrawal of the goods.

4. In the event that an accident, such as the withdrawal of an order or the request for return, occurs to the owner of the product concerned by delaying the delivery of accurate information about product information and price fluctuation in violation of this Article, the Defendant shall undertake all efforts and assistance for prompt processing in consultation with the Plaintiff.

Article 6 (Order for Goods)

1. After receiving an order from the Plaintiff seeking to purchase the goods provided by the Defendant, the Plaintiff has agreed to the Defendant according to a separate agreement on the issuance of an order stating the kind, item, quantity, delivery place, delivery date, etc. of the goods.

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