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(영문) 대전지방법원 서산지원 2018.03.21 2017가단1198
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 5, 2016, the Plaintiff, the Defendant, and D Co., Ltd. (hereinafter “Nonindicted Company”) entered into a purchase contract with the Defendant, the supplier, the Plaintiff, and the custodian as the Nonparty Company (hereinafter “instant purchase contract”). The main contents of the instant case are as follows.

(1) Goods: 0 goods released at the request of a buyer after a supplier supplies them to a custodian under this contract.

(2) The buyer and custodian shall notify in writing (fax) or by wire the expected quantity to suppliers, and deliver them according to the terms and conditions of the special agreement.

(3) A zero supplier shall verify the quantity of storage and delivery of a custodian and submit a tax invoice and an invoice to a buyer by the tenth day of the following month for all items except rice after confirming the quantity of storage and delivery of the custodian, and the buyer shall pay the price of goods in cash by the 25th day of the following month.

0 If the supplier fails to submit the tax invoice and the original invoice to the buyer within the designated date, the buyer may withhold the payment for the goods to the supplier.

0 The custodian shall prepare a list of transaction details according to the buyer's delivery certificate, shall be delivered to the buyer's store, as of the date of delivery, and shall issue a tax invoice on the basis of the transaction details list.

Provided, That the ownership before the shipment shall be owned by the supplier, and the responsibility for management shall be borne by the custodian.

(4) A supplier under a special contract for purchase of goods shall move, keep, and deliver a receipt certificate of the expected quantity to a logistics warehouse of the custodian in consultation with the custodian and buyer.

0. The buyer and the supplier, and the custodian shall settle the accounts each month with the delivery certificate and the detailed statement of transactions.

- The buyer shall issue a delivery order to the custodian.

- The custodian shall prepare two copies of the specifications of the transaction in accordance with the Buyer’s ex-factory instructions and deliver the goods to the buyer’s stores.

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