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(영문) 서울중앙지방법원 2017.11.02 2017나6985
신문판매대금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1.The following facts of recognition are not in dispute between the parties, or may be acknowledged by adding up the whole purport of the pleadings to each entry in Gap evidence 1 to 6:

On July 25, 2012, the Plaintiff entered into a newspaper supply and sales contract (hereinafter “instant sales contract”) with Defendant A with the following terms, and Defendant B jointly and severally guaranteed the Defendant A’s obligation under the said sales contract.

Article 1(Purpose) The purpose of this Agreement is to supply Party A (Plaintiff A) (Defendant A) with the following newspapers and publications published by Party A (Defendant A) and to provide for all the rights and obligations of Party A and Party B arising from the sale of newspapers and publications supplied by Party A to Gu reader under the responsibility of Party B:

The name of newspapers and publications: The period of this contract under section 2 (Contract Period) shall be three years from the date of conclusion of the contract.

Provided, That the contract shall be deemed renewed for one year under the same conditions as the contract before the expiration, unless the other party is notified of rejection of renewal or notification of change of conditions by one month before the expiration of the contract.

Article 3 (Jurisdictions) (1) The jurisdictions of Section B shall be as follows:

Jurisdiction: Kimhae-si, Article 6 (Land Payment) 1) is obligated to pay Gap from the 1st day of July, 2012.

(3) Where a zone B is unpaid, the unpaid area and damages for delay by 2% per month shall be paid to A in the month following the unpaid month.

Section 12 (Security Deposit) (1) In order to secure the faithful performance of this Agreement, B shall deposit with Party A an amount equivalent to 200% of the monthly area at the same time as the contract is entered into.

B. Under the instant sales contract, Defendant A paid KRW 1,00,000 to the Plaintiff as a deposit, and was supplied by the Plaintiff from July 2, 2012 to May 2015 with “Central Daily Wage” and “daily Sports”.

C. Defendant A from August 2014.

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