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(영문) 서울중앙지방법원 2019.01.10 2017가합584290
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On February 2014, the Plaintiff entered into a supply contract between the Plaintiff and the Defendant with respect to the supply of quasi-drugs, such as cooling and cateral agents (hereinafter “instant supply contract”). The Plaintiff is a company established for manufacturing quasi-drugs, wholesale and retail business, export and import sales business, and the Defendant is a company established for drug wholesale business, Internet electronic commerce business, etc.

The main product transaction agreement of this case between the defendant and the plaintiff enter into the exclusive supply and exclusive sale contract of "products" for domestic pharmacy entry and sale of the oil products manufactured and sold by the plaintiff (hereinafter referred to as "products") as follows.

Article 1 (Purpose of Contract) The purpose of this Agreement is to sell the products of the plaintiff to the domestic pharmacy where the defendant trades the products through the best cooperation between the parties to the contract and to promote the sale of the products.

Article 2 (Scope of Sales) The scope of sales of "products" shall be limited to domestic pharmacy distribution channels.

Article 3 (Sales Products) The defendant shall take charge of sale only for the products that the plaintiff has consulted in writing among the products, and specific transaction items shall be items in accordance with the separate trade items list.

Article 4 (Supply Price and Sale Price) The supply price of the goods the plaintiff supplies to the defendant shall be the supply rate prescribed in the attached Form.

Article 5 (Order and Place of Delivery)

1. The defendant shall notify the plaintiff of the necessary order quantity in writing, and the plaintiff shall supply the defendant's order quantity to the designated date and place through mutual consultation.

2. The ownership of the product under this Agreement shall be transferred to the Defendant at the same time as the Plaintiff completes the delivery of the product at the place designated by the Defendant under the preceding paragraph.

Article 7 (Payment of Price)

1. The defendant pays the plaintiff a down payment of KRW 500 million in cash, and the plaintiff "products" equivalent to this amount.

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