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(영문) 서울중앙지방법원 2016.12.01 2015가합580836
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 170,700,000 to the Plaintiff (Counterclaim Defendant) and its related amount from October 26, 2015 to August 29, 2016.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

Basic Facts

The plaintiff is a corporation that engages in the business of selling and distributing medical appliances, and the defendant is a corporation that manufactures and distributes medical appliances, etc., and manufactures, imports, and distributes medical appliances, etc.

The Plaintiff and the Defendant entered into a supply contract on January 10, 2012 with respect to the medical device (hereinafter “instant medical device”) called “ADCR PRP (PP)” (hereinafter “instant supply contract”) (hereinafter “instant supply contract”). Article 2 (Supply Products and Methods of Supply”).

2. The defendant must place an order in accordance with the order stating the quantity, place of delivery, etc. of the product no later than 60 days prior to the date on which it wants to deliver the product. Unless the plaintiff notifies the rejection, alteration, etc. of the order within 7 days from the date of receipt of the order, the defendant's order shall be deemed approved.

3. The plaintiff shall deliver the product to the defendant within 60 days from the date the defendant ordered the delivery. If delay in supply occurs, the plaintiff shall reduce 1.5/1,00 of the number of delayed days from the ordered price as liquidated damages.

Article 3 (Price of Goods) The value of the goods the plaintiff supplies to the defendant shall be 15,400 won (including VAT).

Article 4 (Conditions of Transaction and Jurisdiction)

1. The annual contract for the product shall be thirty thousand km; and

2. The order for a product shall be at least 10,00 kilograms;

Article 5 (Payment for Price) The payment for the payment shall be 50% of the amount ordered at the time of the issuance of the product and 50% of the balance within seven days after the delivery of the product.

Article 7 (Place of Delivery of Goods) The place of delivery of goods shall be the place designated by the defendant.

However, the plaintiff and the defendant may mediate the case through mutual consultation.

Article 13 (Term of Contract) This Agreement shall be effective for a period of one year from the date of conclusion of the contract, and shall be automatically renewed one year on the same terms and conditions as before the termination of the contract unless there is any serious reason to

Provided, That the rejection of renewal is made in writing not later than 45 days prior to the expiration of the contract.

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