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(영문) 서울고등법원 2019.02.20 2018나2041380
물품대금
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the import and sale business of wood, Gohap, etc., and the Defendant is a company engaged in the export and import business of agricultural and forestry products and related processing and collection business.

B. On February 22, 2016, the Plaintiff entered into a contract with the Defendant for purchase and supply (hereinafter “first contract”) with the content that the Plaintiff supplied saw saw saw saw (hereinafter “instant fire saw saw saw”) from March 1, 2016 to February 28, 2017. On the same day, the Plaintiff entered into the said contract with the Defendant Company D Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”). The Plaintiff supplied the instant fire saw to the Nonparty Company via the Defendant, and the Nonparty Company supplied the goods with the content that the Plaintiff would pay the goods to the Plaintiff via the Defendant (hereinafter “second contract”).

C. The contract Nos. 1 and 2 is concluded in order for the Plaintiff to supply the fire fighting unit of this case to the Defendant, and the Nonparty Company, the actual consumer of the fire fighting unit, to be supplied with the said fire fighting unit again from the Defendant. The Defendant paid the goods to the Plaintiff and to be paid the amount equivalent to the said goods from the Nonparty Company.

The main contents of the first and second contracts are as follows:

Article 1 of the First Contract, Items and Amount to be Supplied

1. Item: 1,00 tons/months and the monthly price and the place of supply Article 2: The place of supply by the Plaintiff for the mushroom land shall be the warehouse designated by the Defendant.

Article 4:In principle, the defendant shall settle the payment at the end of the following month after confirming the storage of the goods.

Article 2. Scope of Business under Contract 2

1. In accordance with this Agreement, the non-party company is supplied by the plaintiff through the defendant with the contract items under Article 3 and pays the price for the goods to the plaintiff via the defendant.

2. In accordance with this Agreement, the Plaintiff is in charge of the stable procurement and quality control of the contractual items under Article 3, and the Nonparty Company through the order of dismissal.

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