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(영문) 서울고등법원 2019.06.13 2018나2057057
물품대금
Text

1. Of the judgment of the first instance, the Defendant (Counterclaim Defendant) among the judgment of the first instance, amounting to KRW 245,096,287 and its corresponding amount.

Reasons

1. Basic facts: ① The Defendant is a company with the purpose of the business of manufacturing and selling Kauds and indoor storage, and A is an electronic device hardware, software development, manufacturing and sales business, etc. A is a company with the purpose of the business of selling and selling electronic equipment and appliances. On February 20, 2019, the said company filed an application for commencing rehabilitation procedures on March 13, 2019 (Seoul Rehabilitation Court 2019 Gohap10034), and on the same day, the rehabilitation procedure was commenced on March 13, 2019 (Seoul Rehabilitation Court 2019 Gohap10034). Pursuant to Article 74(4) of the Debtor Rehabilitation and

(2) On January 12, 2016, the Plaintiff entered into a contract for the supply of goods (including value-added tax; hereinafter the same shall apply) with the unit price of 69,000 won per unit price (in the case of a model name: K, L, C products; hereinafter the same shall apply) to deliver the goods to the Defendant, with the unit price of 69,000 won per unit, and on April 28, 2017, the Plaintiff entered into a contract for the supply of goods to deliver the goods to the Defendant with the unit price of 70,000 won per unit price of 70,000 won per unit (hereinafter referred to as “Ebbox supply contract”), and the two contracts.

The main contents of the instant supply contract are as follows.

Article 9 [Return and /S] of the E Bable Stick Supply Contract for Goods sold by the Plaintiff to the Defendant shall not be returned to the Plaintiff, except in any of the following cases:

Provided, That where an objection is raised to the recognition of each subparagraph, it shall be decided through consultation between the plaintiff and the defendant.

1) The A/S of products shall be free of charge for 15 months from the date of delivery.

Provided, That the parts due to consumer negligence shall be excluded from A/S without compensation.

6) Other matters concerning the detailed consultations A/S shall be defined in Appendix 2. The defendant shall be the plaintiff. Article 10 (Payment of Price) 1).

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