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(영문) 서울남부지방법원 2018.10.16 2017가단249336
물품대금
Text

1. The Plaintiff (Counterclaim Defendant) is paid movable property indicated in the annexed list (2) column by the Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts common to the principal lawsuit and counterclaim;

A. The Plaintiff is an individual entrepreneur who manufactures organic products and engages in wholesale and retail business under the trade name of “B,” and the Defendant is a corporation with the aim of distributing and selling household products.

B. On November 26, 2015, the Plaintiff and the Defendant entered into a consignment processing contract for organic products with the following contents, and the Plaintiff, as shown in the attached list (1), made 8,000 items for eight organic products (1,00 items for each item) to the Defendant and supplied them until February 15, 2016, and paid 67,900,000 won (per individual contract) with the payment therefor (per individual contract).

1. The amount of entrusted duties of individual products between the Defendant (Defendant) and the Plaintiff (Plaintiff) shall be determined by the determination of an individual contract between A and B in addition to the determination of this contract, and when there is any difference between the determination of this contract and the determination of an individual contract, the determination of an individual contract shall prevail.

Article 3.(Compact and Unit Price of Products)

3. The period for the first development of the product shall be 20 days after the order was given and the product manufacturing period shall be 45 days after the gold manufacturing.

Article 4 (Supply of Goods)

1. B shall observe the date for the payment specified in an individual contract, and deliver contractual products to the place designated by A;

3. B shall promptly notify A of the fact and follow A’s instructions when there is apprehension that the delivery of this product is impossible within the payment period.

Article 7 (Guarantee)

2. When hidden defects are discovered in this product supplied by Eul to Gap, Eul shall take measures required by Gap, without compensation, to repair defective products, to supply alternative products, and to take other measures required by Eul.

Provided, That this shall not apply when 12 months have elapsed after the examination.

Article 9 (Methods of Payment through Place of Settlement)

1. At the time of this Agreement, 20 per cent, 30 per cent for household products, and 50 per cent immediately after completion of payments for products A shall be paid to Section B.

Article 14 (Validity Term)

2. A or B shall fix the relevant period and make corrections in violation of the decision of this Agreement or any individual contract made by the other party.

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