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(영문) 서울고등법원 2016.09.09 2013나2027679
물품대금
Text

1.The judgment of the first instance shall be modified as follows:

Defendant Counterclaim Co., Ltd. and Defendant B shall be jointly and severally.

Reasons

1.The purpose of this Agreement is to comply with the provisions of Section 1 (Purpose of Contract) of Article 1 of the Basic Facts, in the delivery by Section B (referring to the plaintiff; hereinafter the same shall apply) to the consignor A (the defendant A; hereinafter the same shall apply), of plastic bottles for the sole purpose of deposit, in accordance with the good faith and good faith principles among both parties.

Article 2 (Goods Specifications and Supply Unit Price)

1. Size: 28m;

2. Materials: PoE (Pool Ma); and

5. Unit price of supply: 9.0 won/per 9.0 (Additional Tax Map)

1. A shall be based on the monthly average of 10,000 supply contract quantities every month;

2.The supply quantity under the preceding paragraph may be adjusted by approximately 15 per cent depending on seasonal factors.

Article 4 (Term of Contract)

1. The term of the contract shall be from April 1, 2010 to March 31, 2011;

2.The extension of the contract period shall be agreed upon with the prior consent of Gap and Eul thirty (30) days before the expiration.

Provided, That if the contract term expires, it shall be automatically extended for one year under the same conditions.

3. With the prior consent of A and B, the termination of the contract may be terminated by giving written notice 60 days prior to the expiration of the contract.

Article 5 (Termination of Contract Terms and Compensation for Damages)

1. If Party A caused substantial damage to Party A by failing to complete delivery within the delivery period agreed between Party A and B without good cause, Party A may notify Party B of the termination of this Agreement.

2. At the time of claiming damages by A under the above paragraph 1 above, B shall actively cooperate, and the paid advance payment shall be repaid to A immediately.

3. If the contract is terminated by obvious mistake of Gap, Eul shall pay Eul the human resources, equipment, gold expenses, etc. invested to manufacture the goods under this contract.

Article 6 (Disposition and Delivery Method)

1. A shall notify in writing the delivery plan quantity in the month preceding the month in which the supply is to be carried out.

Provided, That it shall be notified by wire in emergency and shall be notified in writing later.

2.B shall make a written order.

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