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(영문) 의정부지방법원고양지원 2019.08.29 2018가단82690
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures household goods, kitchen supplies, etc., and the Defendant is a company that conducts electronic commerce.

Article 2 (Formation of Contracts)

1. This contract provides for basic matters in the transaction between "A" and "B", and the down payment after this contract is concluded at the time of deposit into the account designated by "A" with "B" in the manner that the down payment is made in a lump sum.

2. The delivery schedule may be 40 days after the deposit of the down payment, and the name and specifications of the goods, etc. shall follow the written request planned by the “A” and the specific practice related to the supply of the goods, etc., including the payment period, shall follow the order sheet borrowed by “A” on the basis of this contract agreed between “A” and “B”.

Article 4 (Sale Right of “B”) The sales volume of “A” may be sold online and off-line, etc., regardless of the sales place of “A” when the monthly order quantity falls short of the monthly total production quantity and the stock quantity remaining in the brand of “B” in the event that the stock quantity remains in excess of the monthly total production quantity, and the price may be determined after consultation with both companies.

Article 5 (Duties of “A”)

1. In principle, A shall accept the entire quantity of the order quantity produced by requesting “B” by requesting “B” under the order form and at the same time settle the price under the conditions specified in this contract.

Article 5 (Duties of “B”)

1. The term “B” shall actively cooperate to ensure that the obligations of “A” as set out in Article 5 of this Agreement are faithfully fulfilled.

2. “B” shall put goods into the designated warehouse in line with the due date set so that the home shopping TV broadcasting and sale may not be interrupted.

Article 8 (Conditions of Transaction)

1. “B;” agree to supply the goods by printing them with the trademark provided by the Party A. This refers to the way in which the entire quantity of the produced goods is purchased by the Party A, and the Home shopping proceeds other than the Home shopping proceeds. 2. The date of the transaction is at the place designated by the Party B’s goods.

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