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(영문) 수원지방법원 2019.10.30 2018나91353
납품대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows: (a) the reasons for the acceptance of the judgment of the court of first instance are as follows: (b) “There is a lack to reverse the above recognition only with the entries in the evidence Nos. 10 and 11 of the judgment of the court of first instance,” and (c) except for the addition of the following '2. Additional Judgment' as to the assertion emphasized or added by the plaintiff and the defendant in this court, this is identical to the reasons for the judgment of the court of first instance; (d)

2. Additional determination

A. The plaintiff's assertion and judgment are based on the monthly amount of the delivery price. Thus, the plaintiff and the defendant asserted that the obligation to pay the price of the goods of this case is not an obligation with no fixed time limit. However, as seen earlier, the plaintiff and the defendant accumulated a certain amount of outstanding amounts and requested the plaintiff to make a settlement of the price in excess of a certain amount, so the defendant's obligation to pay the price is an obligation with no fixed time limit, and it is difficult to recognize that the payment deadline was set up by the last day of the month of the delivery only with the descriptions of the evidence Nos. 11 and 12.

Therefore, the plaintiff's above assertion is not accepted.

B. The main point of the Defendant’s assertion and judgment 1 is the transaction of goods between the Plaintiff and the Defendant, and the Defendant paid the total amount of the sales price for the goods sold from the goods supplied by the Plaintiff to the Plaintiff, and thus, the Plaintiff’s claim of this case is without merit.

Even if such transaction does not constitute a consignment transaction.

Even if the Plaintiff concludes a commodity supply contract with the Defendant, the Plaintiff comprehensively delegated the authority to conclude the contract and to form the terms and conditions of the contract to G, which is the head of the business team, and included the content that G does not pay the price for the commodities that have not been sold in the course of the transaction with the Defendant, so long as it included in the terms and conditions of the contract.

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