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(영문) 서울동부지방법원 2016.06.09 2015가합101816
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. ASEAN Co., Ltd. was a company that manufactures and sells products, such as fire-fighting equipment, gas equipment, materials, and pipes hacks, which was decided upon the commencement of rehabilitation procedures by the Jung-gu District Court on December 5, 201, and the Plaintiff was appointed as a custodian. On August 14, 2012, it was decided upon the above court to authorize rehabilitation.

B. On May 2013, the Plaintiff, following the rehabilitation procedure, experienced difficulties in purchasing raw and secondary materials or selling products, and around May 2013, if the Plaintiff purchased raw and secondary materials necessary for the Plaintiff’s production with the Defendant’s funds, the Plaintiff produced the products and made the Defendant sell them on behalf of the Defendant, and the sales proceeds shall be paid in cash to the Plaintiff by the Defendant after deducting the Defendant’s sales commission, etc., and the Defendant entered into a contract for the supply of goods (hereinafter “instant purchase and supply contract”) and a purchase and supply contract (hereinafter “instant purchase and supply contract”).

Article 1 (Purpose) of the Contract for Supply of Goods is to determine the scope of business and rights and duties of the plaintiff and the defendant in the performance of the consignment sale and incidental business of the goods.

Article 2 (Adjustment of Terms)

1. The term "production" means a person in charge of the manufacture of a product which is the object of this Agreement;

2. The term "salesman" means a person who sells products manufactured by a manufacture supervisor under entrustment from plaintiffs;

Article 4 (General Principles) The plaintiff manufactures and supplies the products previously operated as a manufacturer to the defendant, and the defendant has the power to sell the products supplied as a salesperson.

Article 5 (Sale of Goods) In principle, all the goods manufactured by the plaintiff shall be consigned to the defendant through the defendant, and in case of a request for a domestic or foreign trade invoice or other circumstances, the plaintiff and the defendant may sell them directly through mutual consultation.

Article 7 (Terms of Sales, etc.)

1. The defendant.

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