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(영문) 서울고등법원 2015.04.01 2013나71472
물품대금
Text

1. All the appeals filed by the Defendant (Counterclaim Plaintiff) and the counterclaim extended and additionally claimed in the trial are dismissed.

2...

Reasons

1. Basic facts

A. On November 1, 2006, the Plaintiff entered into a contract to manufacture and deliver cosmetics to the Defendant (hereinafter “instant supply contract”). The main contents are as follows.

Article 1 (Purpose) The defendant shall entrust the manufacture or processing of the product in the order sheet in which the name, size, quantity, quantity, payment period, place of delivery, and other necessary matters designated by the defendant are recorded, and the plaintiff shall manufacture or process the product and deliver it to the defendant.

Article 3 (Maintenance of Privacy) The information obtained by both the plaintiff and the defendant under this Agreement shall not be disclosed to any other third party without the consent of the document, except in the case of government offices or unavoidable circumstances.

The obligation to maintain confidentiality shall be binding upon both parties even after the termination of this Agreement.

Article 4 (Conditions of Transaction) The terms of approval are based on the supply of various subsidiary materials required for the production of the product by the Defendant, and 50% of the total amount ordered shall be deposited in advance according to the Defendant’s order, and 50% of the balance remaining before the delivery shall be deposited. This contract shall be valid for one year from the date of signing the contract. This contract shall be valid for 1 year from the date of signing the contract, provided that if there is no objection to the Plaintiff and the Defendant 30 days prior to the expiration of the contract term, the contract shall be automatically extended for 1 year, and the subsequent extension shall also be extended. Article 13 (Cancellation of Contract) 1) and if the Plaintiff and the Defendant violated this contract and did not correct it, the other party may cancel and terminate this contract by notification.

2) In the event that any of the plaintiffs or the defendant has failed to perform his/her obligations, has caused bankruptcy, bankruptcy, fire, company renewal, etc., dissolution, or other similar events, the other party may cancel and terminate this contract without any peremptory notice. Article 14 (After the expiry or termination of the period of this contract, the obligations prescribed in Article 3 shall continue to exist even after the expiration or termination of the period of this contract.

. the defendant.

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