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(영문) 서울고등법원 2016.02.25 2015나2001855
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

Reasons

The basic fact is that the plaintiff is an agent in each region, such as Magyeong Business Manufacturing Co., Ltd., and the defendant has a chain store across the country as a wholesale and retail business entity such as Magyeong and Agyeong Magyeong, etc.

On October 16, 2012, the Plaintiff and the Defendant entered into a contract for the purchase and supply of goods (hereinafter “instant contract”) with the following contents, and upon ascertaining the order status of each of the Defendant’s stores according to the instant contract, the Plaintiff directly entered into the Defendant’s order computer program (POS) and directly delivered the Defendant’s store with the Defendant’s franchise store, and ascertaining the receipt of the Defendant’s franchise store, the Defendant agreed to pay to the Plaintiff the remainder excluding the Defendant’s closing (25% of the goods price) out of the Defendant’s price of the Ansan franchise supplied to the franchise store.

[Main Contents of the Contract for Purchase and Supply of Goods] Article 1 (Purpose of Contract) of the Contract provides the goods manufactured by the plaintiff to the defendant, and the defendant determines necessary matters to settle the price of the goods purchased from the plaintiff.

Article 2 (Products)

2. In the case of products, such as sirens, letters, sports paintings, etc. that the Plaintiff supplies to the Defendant under this Agreement, the item, price, and other details thereof shall be determined by Appendix 2 “Additional Agreement”.

Article 4 (Disposition and Delivery)

1. The defendant orders a prescribed order computer program in consultation with the plaintiff or an order form determined and notified by the defendant to the plaintiff to be used for the plaintiff's computer program.

Article 5 (Payment of Price)

1. The plaintiff shall issue a tax invoice on the supply price of the current month at the end of the current month and submit it to the defendant by no later than the fifth day of the following month, and claim the payment to the defendant.

2. The defendant shall pay within 20 days after receiving the plaintiff's claim for payment.

Article 6 (Return of Goods)

1. The defendant shall damage the products supplied by the plaintiff.

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