(영문) 서울남부지방법원 2019.11.28 2018나57436

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.11.28 2018나57436

기타(금전)

Text

1. The plaintiff's appeal is dismissed.

2. Upon the Plaintiff’s selective claim added by this court, the Defendant.

Reasons

1. Grounds for the judgment of the court of first instance concerning the claim for the refund of the price due to the cancellation or cancellation of the total sales contract

1. The part concerning the basic facts

The following is a ground for the judgment of the court of first instance, except for adding each of the following items to the third and sixth parallels of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The Plaintiff and the Defendant’s total sales contract signed on November 3, 2016 (the Plaintiff’s “B” and the Defendant’s “A” hereinafter referred to as the “instant total sales contract”) include the following:

Article 1 (Purpose) The purpose of this Agreement is to supply Party A with all products of environment-friendly taxation in accordance with the principle of good faith by placing an order to Party B.

Article 2 (Supply Products) Environment-Friendly Content-friendly products and products other than strong strawing agents and strong studio removal agents.

Provided, That it may be adjusted through consultation with A and B.

Article 3 (Terms of Contracts)

1. Agency goods price: 20 million won;

2. Total supply quantity: (Public column)

3. Amount to be supplied per dog: 9,000 won (excluding surtax).

5. Supply method: The supply shall be within 15 days after the contract is placed; 6. Settlement method: (1) When the contract is placed, 100% of the ordered amount shall be paid to A.

7. Delivery method: In principle, Gap shall deliver and deliver products to the place designated by Eul.

(c) Delivery Cancellation: A shall pay 7% of the ordered amount to Party A when cancelling the supply, as the cost of the production of the product enters together with the contract.

Article 4 (Business and Sales) A may be supplied to B with respect to eco-friendly tax-free business and sales, and B shall be supplied with the same business and sales unless any other condition exists.

Article 7 (Termination of Contract)

4.In principle, in the event this contract is terminated, the down payment or the down payment made by B to A shall be refunded.

Provided, That the value of the delivery shall be the value of the termination of the contract.

참조조문

-민사소송법 제420조

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