(영문) 서울중앙지방법원 2018.09.18 2017가단5151964

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(영문) 서울중앙지방법원 2018.09.18 2017가단5151964

물품대금

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a wholesale market corporation that lists and sells agricultural products after obtaining designation from DD Corporation.

Defendant B (hereinafter “Defendant B”) is a company that reported to D Corporation as a trade participant of the Plaintiff.

B. The Plaintiff and Defendant B signed the “Agreement of Intermediate Trade Part (Trade Part)” (hereinafter “Agreement of this case”), which entered as of the date of preparation of the “Agreement of Intermediate Trade Part (Trade Part)” (hereinafter “Agreement of this case”), and the agreement following the agreement, and the main contents are as follows.

Article 2 (Scope of Application) The scope of this Agreement refers to the Plaintiff A.

The term “A” refers to Defendant B.

shall be all business activities related to commercial transactions and all business activities incidental thereto.

Article 3 (Period of Contract) (1) The term of this Agreement shall continue to be valid as long as there is no change in the permission of “A and “B” from the date of the transaction agreement, and shall take effect on the same condition (Provided, That with respect to a person for whom permission has been revoked in the middle of time by an administrative agency, the date of cancellation of permission shall be deemed the date of termination of the contract). (2) The term of validity of this Agreement shall not be separately determined and shall be notified in writing to the other party one month prior to the termination of the contract. Article 4 (Agreement on Trade Part A) "A" shall enter into an agreement with “B” as a trade participant in the principal transaction, so that the parties may engage in the collection or negligence (hereinafter referred to as “competing”) transaction, and shall comply with the respective provisions of this Agreement in good faith.

Article 5 (Deposit for Transactions and Establishment of Security) ① “B” shall be paid to “A” when this Agreement is concluded.

In addition, the security recognized by "A" should be provided, such as real estate security, performance(s) security, cash security, etc. corresponding to the transaction amount.

Article 10 (Payment of Price for Goods) (1) "The price for goods traded."

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