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(영문) 인천지방법원 2014.07.17 2013가합177
수수료청구등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of telecommunications equipment wholesale and retail business, and the defendant is a corporation established for the purpose of information and communications business.

B. On December 31, 2009, the Plaintiff entered into a consignment agency contract with the Defendant on the business and other business of the Defendant’s goods and services, the handling of related products, etc. (hereinafter “instant agency contract”). The main contents of the instant agency contract are as follows.

Article 7 (2) The plaintiff shall pay all the money received from the customers in connection with the entrusted affairs to the defendant not later than 14 business day following the following business day.

Article 11 (1) The defendant may pay fees to the plaintiff in accordance with the separate agreement.

Article 23 (1) The plaintiff shall pay in cash the price for the goods simultaneously with the acceptance of the goods.

Provided, That for the smooth business activities of the plaintiff, the defendant may postpone the payment of the price of goods by the date determined by the defendant as necessary, and in such cases, the plaintiff shall pay the price of goods in cash within the credit deadline.

Paragraph 2, where the Defendant has a credit date, it may be the last day of the following month of the month in which the sale of radio products was made, and the last day of the following month of the month in which the sale of wire products was made.

Article 27 (1) The plaintiff must provide the defendant with the security recognized by the defendant, such as real estate and the surety insurance policy, in order to secure the following obligations:

All obligations arising under this Agreement or any related arrangement and payable in the present and future, liabilities arising out of its default, liabilities arising out of, and arising out of, the instrument of borrowing, notes, notes, and any obligations arising out of, the issuance, endorsement, guarantee, and acceptance of all instruments and any obligations arising out of commercial transactions;

B. Liability to the Defendant of the amount received by the Plaintiff pursuant to Articles 3 and 7, and damages arising from nonperformance.

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