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(영문) 서울남부지방법원 2014.06.19 2013가합11288
시설물사용금지 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The relevant plaintiff between the parties is a company that mines, manufactures, distributes, and sells chemical products of carbon calcium, etc., and the defendant has been engaged in the business of selling carbon calcium products produced by the plaintiff as a company that aims to distribute, sell, and provide services for chemical and business materials.

The Defendant entered into a trade agreement with the Plaintiff on October 1, 1999 with the goods transaction agreement (hereinafter referred to as the “instant agreement”) with the Plaintiff, including the re-contract on October 1, 1999, and concluded the goods transaction agreement which was extended after October 1, 1999 (hereinafter referred to as the “instant agreement”). The agreement was automatically extended once a party does not express his/her intent to refuse the renewal of the agreement in writing.

Since the re-establishment of the transaction agreement with the same content on October 1, 2001, the above agreement has been automatically renewed.

The main contents of the instant transaction agreement are as follows.

(hereinafter “A” and “B” refer to the Defendant respectively. Article 2 (General Provisions)

1. The key to the supply of products made by Gap to Eul, and Eul shall not deal with all other products of the same kind or similar kind;

2. B shall supply and sell products A with due care and duties of a good manager as stipulated in this contract.

Article 7 (Payment of Price of Delivered Goods)

1.B shall pay the price for the goods supplied in the month after the end of each month to A by the end of the following month, and in principle, the settlement date shall not exceed 120 days at the end of each month when the bill and check are deposited;

However, when the settlement date of a bill or check deposited by B inevitably exceeds 120 days, interest on the number of days exceeding 120 days excluding 120 days shall be paid in addition to the market interest rate.

2. Where deposits are made by a bill or check in the name of a third party, B shall be transferred by endorsement;

At this time, there shall be liability until the settlement of the bill or check.

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