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(영문) 부산고등법원 2018.11.08 2017나55315
근저당권말소
Text

1. The first instance judgment, including the principal claim expanded or added by this court and the additional counterclaim claim.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. On January 20, 2014, the Plaintiff was registered as “D” with the trade name of “D” and was engaged in the wholesale business of pharmaceutical products in Busan Shipping Daegu C with the husband AJ, who is the husband, and the Defendant is a company manufacturing and selling pharmaceutical products.

B. On February 24, 2014, the Defendant concluded a drug transaction agreement with the Plaintiff with the following terms and conditions (hereinafter “instant transaction agreement”).

The Defendant (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) agree to enter into a trade agreement as follows and observe it in good faith:

Article 2 (Completion of Transactions) A shall enter into a transaction with the consent of the Party A according to the order of Article 2 (Formation of Transactions).

Article 3 (Payment of Price) B shall, in principle, pay in cash the purchase price on credit within (1) days from the date of acquiring the product from Party A.

Provided, That where it is recognized as Gap, it may be paid in the form of bills, bills, household checks, or current units.

Article 5 (Termination of Terms and Conditions and Loss of Time Limit) A may, in any of the following cases, request the extinguishment of the relevant cause, or suspend the supply date or time of supply, and in the event that A does not correct the extinguishment of the relevant cause and the other corrective measures within seven days after it was notified by A to take any corrective measures for a specified period, it may terminate this Agreement at any time, and as a matter of course, B shall pay A the full amount of the price for the goods which it has not lost and paid the due date, and as a matter of course, it may exercise the security right, and B shall not raise any objection thereto. A In the event of violation of this Agreement, if B intentionally causes damage to A or damages to B’s trust in trade, Article 7 (Duty of Cooperation in Distribution of Goods and Obligation to Cooperate).

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