(영문) 서울중앙지방법원 2017.02.03 2016나33461

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(영문) 서울중앙지방법원 2017.02.03 2016나33461

물품대금

Text

1. Of the judgment of the first instance court, the part against Defendant C in the judgment is modified as follows:

Defendant C 32,461.

Reasons

1. Facts of recognition;

A. On December 2, 2013, the Plaintiff engaged in the manufacture of medical appliances and wholesale and retail business, and the Plaintiff supplied the said Defendant with goods with the trade name “E”, and the said Defendant entered into a contract with the said Defendant to sell the products supplied by the Plaintiff (hereinafter “instant branch contract”) by opening a store in the Suwon-si D Building 401 in Suwon-si (hereinafter “instant branch”).

The instant branch contract includes the following:

The plaintiff of a branch contract (hereinafter referred to as "A") and the defendant C (hereinafter referred to as "B") shall conclude a branch contract as follows:

Article 2 [Period of Contract] 1 The term of this Agreement shall be two years from the date of the contract. This Agreement shall be automatically extended on an annual basis if it has not been expressed (two years in total) from December 2, 2013 to December 1, 2015.

Article 4 [Order, Delivery, and Settlement of Products] 1] “A” shall pay the price of the goods at the same time as the order of the goods to be supplied by Party A. Article 11 [Return and Exchange] 1] “B” shall not return the goods to Party A when the receipt or transfer of the goods from Party A does not constitute a cause attributable to Party A (hereinafter “unfair return”). 2) “B” shall return and exchange the goods not opened within seven days after the receipt of the goods from Party A. All expenses incurred in this case shall be borne by Party B. 3) The goods sold by Party A to Party are not returned except in any of the following cases:

Provided, That if there is an objection as to whether it falls under any of the following subparagraphs, it shall be decided in consultation with A and B.

1. Where it is deemed that a product is defective in its manufacturing process;

2. When they are damaged during transport;

3. Where goods different from the original text are transported mistakenly, Article 17 (Termination of Contracts and Arrangement of Loans) 1 B expires; or

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