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(영문) 서울고등법원 2017.07.06 2016나2069254
양수금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff was established on September 29, 200, and the Plaintiff, including petroleum sales business, added civil engineering and construction business to the purpose of the company on May 10, 2013. The Defendant is a company that runs a business, and is established on October 14, 197 and engages in civil engineering and construction business. 2) Allied Development Co., Ltd. (hereinafter “Joint Development”) is a company that is established on July 31, 1996 and operates packaging business.

B. On June 26, 2013, the Plaintiff entered into an oil supply contract and an agreement on the assignment of claims between the Plaintiff and the Union development (hereinafter “instant supply contract”) with the content that the Plaintiff would supply oil to the Union development (hereinafter “instant supply contract”).

The contract of this case was concluded. The main contents of the order of Article 1 (Supply of Oil) and the method of the order are as follows. The order of this case are determined by mutual agreement later by mutual agreement, and basically, after receiving notification of the object (dump vehicles, heavy machinery, etc.) to be milked from Gap (allied development), the supply of oil instructed according to the instructions of "A" regardless of the trade name and affiliation of the object. (Provided, That "B" and "B" are notified when an application for the order is filed in the event of a problem, such as distribution of goods

[] The settlement of oil payments made pursuant to Article 3 (Payment and Method) Article 1 shall be decided with a bill issued in the name of “A” within 30 days after the end of the 20th day of each month or the end of the 30th day of the month, and delay damages shall be 20% per annum, and the financial expenses incurred from the issuance of the bill shall be paid separately by calculating 2% per annum. If Article 5 (Liability) of this Agreement is not complied with or the obligor’s default on payment of the bill occurs, “A” under the supply contract of this case appears to be a clerical error of “B” and “B” is transferred to “B” and the same shall apply to “B (2).”

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