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(영문) 서울중앙지방법원 2018.07.13 2017가합537386
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in wholesale and retail business in a remote area with the trade name of “B,” and the Defendant is a company that mainly aims at manufacturing and wholesale and retail business in remote areas.

B. On September 1, 200, the Plaintiff entered into an agency contract between the Defendant and the Defendant on September 1, 200 (hereinafter “instant agency contract”) with the effect that the Plaintiff will sell on behalf of the Plaintiff the remote areas produced by the Defendant and the Defendant.

(B) Around December 2015, the Plaintiff and the Defendant have concluded the instant agency contract and renewed the said agency contract in the manner of concluding the renewal. Around December 2015, the terms and conditions of the said agency contract were the same as those of the said agency contract, but the term of the contract was fixed from December 23, 2015 to December 22, 2020, respectively. (2) The main content of the instant agency contract was as follows.

Article 5 (Method of Payment and Appropriation of Performance before January 1, 2009) The Plaintiff shall pay the Defendant’s goods by cash or by bank as a check of bills until the end of the following month following the acquisition of the Defendant’s goods (to guarantee the repayment or reimbursement of the goods, a bank shall issue a check of acceptance of bills or pay it by the time and method as agreed between the Defendant

(ii)in the case of proceeds of goods supplied to the site, the due date for payment may be extended under mutual agreement;

3) The order and method of appropriation of performance shall be determined by mutual agreement between the defendant and the plaintiff or by ordinary practices. Article 5 of the method of payment and appropriation of performance (after January 1, 2009) 1) The plaintiff shall settle the price of the goods sold by the defendant in cash or by bank check/bill within two months from the date of issuance of the tax invoice issued by the defendant.

(hereinafter) Article 6 (1) provides securities, real estate, and other equivalent security (including a credit guarantee, a payment guarantee, a bill of payment guarantee, a guaranty insurance policy, etc.) to secure a future obligation that the Plaintiff bears or will bear in transactions with the Defendant, and the Defendant is the Plaintiff.

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