logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.06.19 2018가합5590
보증금반환
Text

1. Defendant B Co., Ltd.: (a) KRW 260,281,573 as well as 5% per annum from January 4, 2018 to June 19, 2019.

Reasons

Facts of recognition

On July 3, 2015, the Plaintiff entered into a sales contract with Defendant B (hereinafter “Defendant B”) with the following terms and conditions (hereinafter “instant contract”).

Of the instant contracts, the content pertaining to the instant case is as follows.

Article 2(1) of the Plaintiff’s exclusive right to sell directly manufactured films produced by Defendant B and products in the agricultural sector to be produced in the future (hereinafter “instant products”) to the entire domestic area and export.

Provided, That Defendant B may conduct business activities in Korea and overseas, but all sales shall be unified into the plaintiff's counter.

The contract period of Article 2 (3) shall be two years, and the contract period shall be automatically extended unless there is any objection among them.

Article 3 The plaintiff shall pay KRW 300 million to the defendant B with an advance payment of direct film.

The advance KRW 300 million is the deposit for the exclusive sales right or the advance payment for the Defendant B-sale products, and at the time of termination of the contract, the Defendant B shall pay the balance calculated by settling the product amount to the Plaintiff within one month from the date of termination.

To guarantee this, Defendant B provides the Plaintiff with a performance guarantee insurance policy of KRW 300 million.

In principle, the payment of Article 5 (2) shall be made within seven days from the date of delivery of the product by the defendant B, and the defendant B may settle the unpaid amount after deducting it from the plaintiff's advance.

In the event of a exhaustion of at least KRW 100 million among the advance 300 million won, the plaintiff shall re-deposit the shortage within one month.

Article 7. The damage or defect caused by the manufacture, carriage, installation, or quality warranty period of the product is basically liable to Defendant B.

(Provided, That if a user files a civil petition for a product, the plaintiff must actively engage in the resolution of the civil petition in cooperation with the agency, and accurate matters related to the civil petition.

arrow