(영문) 창원지방법원진주지원 2015.01.09 2014가단30915

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(영문) 창원지방법원진주지원 2015.01.09 2014가단30915

계약부존속확인 등

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 4, 2013, Nonparty Bolim Industry Co., Ltd. entered into a sales contract with the Defendant to supply goods with a security deposit of KRW 100 million, but on October 25, 2013, the Plaintiff entered into a contract with the Defendant to partially amend the said sales contract to supply goods to the Defendant and to grant the Plaintiff the right of national sales (hereinafter “instant sales contract”). The main contents are as follows.

The first (Purpose of this Agreement) The purpose of this Agreement is to conclude a contract with B (Defendant; hereinafter the same shall apply) of all the products manufactured and produced by A (the plaintiff; hereinafter the same shall apply) for the Korean General Sales Rights with B (the defendant; hereinafter the same shall apply) and to supply and sell them to B, thereby complying with this Agreement in good faith and trust, thereby contributing to the common prosperity and development.

(A) Article 5(1)1 B provides security for the Korean total sales area and Internet (or smartphone sales area) shopping mall sales right, the security deposit of KRW 100 million shall be paid to A in cash on October 25, 2013.

(2) When a contract is terminated, A shall pay deposits to B without fail within 30 days after the settlement of accounts.

Article 6 (Conditions for Settlement)

1. In principle, the settlement of prices for products shall be made in cash;

2. Where delay the settlement of the price of the product is delayed, A may claim against B by applying the additional interest rate of 10% per annum from the date of settlement to the date of maturity.

3. Eul may be supplied with the product up to 80 per cent of the secured amount, and after securing 80 per cent of cash security, up to 80 per cent of the amount available for re-order, the product may be placed again.

(C) Article 10 (Return of Goods) A (Return of Goods) and defective goods supplied by A, and upon the expiration of the term of validity, A shall immediately supply them to B as a new product.

(b) Article 14 (Contract Period)

1. The term of validity of this Agreement shall be five years from October 25, 2013 to October 24, 2018.

2.The expiration date of paragraph 1.

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