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(영문) 서울중앙지방법원 2021.01.08 2020가합516433
양수금
Text

1. The defendant,

A. As to KRW 12,870,905 and 9,818,129 among them:

B. Plaintiff B, Inc. 28.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) entered into a transaction agreement between D Co., Ltd. and the Defendant (hereinafter “D”) entered into between D Co., Ltd. and D Co., Ltd. (hereinafter “D”) made a transaction by which the Defendant sells it to the Defendant without preparing a disposition document for about 40 years. Around December 26, 2018, the Defendant entered into a transaction agreement with the following terms and conditions (hereinafter “instant transaction agreement”). Article 1 (Supply and Sale of Goods) D sells goods manufactured and sold by D to the Defendant.

Goods purchased by the Defendant from D can be used exclusively for the sale of goods to consumers.

Article 2 (Sales Area) The selling area of the defendant is the joint area with the defendant, D and the third business operators designated by D.

D If the sales performance of the defendant falls short of the target set by D, D may adjust the defendant's sales area or set up another special contract.

Article 5 (Payment of Price) The defendant shall close the books as of the last day of each month and settle the price of goods supplied by D by no later than the 25th day of the following month in cash.

3. If the due date fails to pay the price, the Defendant shall pay in cash the interest at the rate of 9% per annum from the due date to the date of arrears.

Article 8 (Refusive Goods) immediately after the defendant's ordered goods arrive at the cargo business place designated by the defendant, the defendant shall investigate and receive whether the goods are defective or not.

If a significant defect occurs in the course of the investigation under the above paragraph 1, the defendant shall return to D the goods in accordance with the prescribed procedures set forth in D, and D shall again supply the goods without the defect to the defendant.

Article 12 (ownership) The ownership of the product is limited to D until the Defendant pays the price (in the case of issuance of the note, until the settlement date of the note) for the product that is delivered to the Defendant.

If the payment of price is delayed for the goods that the defendant accepted, D can arbitrarily exchange the goods which have been settled.

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