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(영문) 의정부지방법원 2013.09.12 2012가합2566
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) filed against the Plaintiff (Counterclaim Defendant) KRW 105,611,739 and its related amount from December 31, 2011 to January 11, 2012.

Reasons

1. Basic facts

A. On November 1, 2006, the Plaintiff entered into a contract for manufacturing and delivering cosmetics to the Defendant (hereinafter “instant supply contract”).

The main contents of the instant supply contract are as follows.

Article 1 (Purpose) A (Defendant) A (Defendant) entrusts B (Plaintiff) with the manufacture or processing of products in the order form recording the name, size, quantity, payment period, place of delivery, and other necessary matters designated by A (Defendant) and supplies B (Plaintiff) with the manufacture or processing of products under a contract form.

Article 3 (Maintenance of Smuggling) A and B shall not divulge to any third party any information obtained under this Agreement, except as otherwise expressly provided by the government offices or unavoidable circumstances, without the consent of the government offices or any third party.

The obligation to maintain confidentiality shall be binding upon both parties even after the termination of this Agreement.

Article 12 (Effective Term) This Agreement shall be effective for one year from the date of signing it.

Provided, That if both A and B do not have an objection 30 days prior to the expiration of the contract term, it shall be automatically extended for one year again, and the subsequent extension shall also be extended.

Article 14 (Measures after Termination of the Contract) The obligations prescribed in Article 3 shall continue even after the expiration or termination of the contract.

The direct trade between Company A and Company A which entered into a contract with Company A shall not be conducted without the consent of Company A.

B. On June 10, 2004, the Defendant produced a product ordered by a Pampling Co., Ltd. (hereinafter “Pampling”), commercialized, and entered into a contract with the Defendant to sell the product (hereinafter “OEM supply contract”).

The defendant supplied cosmetics supplied by the plaintiff to the samp, and sold the cosmetics supplied as such to the samp, to the consumers.

C. C. C. C. P. P. P. P. P. P. P., on October 4, 201, the Defendant terminates the OEM supply contract as of September 30, 201.

"" sent an agreement for termination of the contract and payment of the price.

The plaintiff on October 17, 2011.

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