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(영문) 청주지방법원 영동지원 2018.10.12 2017가단4392
물품대금
Text

1. The Defendant paid KRW 36,370,00 to the Plaintiff KRW 6% per annum from February 17, 2017 to September 7, 2017.

Reasons

1. Basic facts

A. On June 2, 2015, the Plaintiff and the Defendant concluded a consignment business contract that contains the following (hereinafter “instant consignment business contract”).

In addition, the plaintiff completed business registration with the trade name "C" on the same day.

Article 1 (Purpose) ① “A (Defendant)” and “B (Plaintiff)” based on mutual respect and trust, “A” shall be supplied to “B,” and “B” shall be engaged in marketing business to attract tourists and sell goods.

Article 3 (Deposit and Contract Terms) (1) The contract deposit of this contract shall be determined by the daily deposit in advance (50,000,000).

4. The term of this contract shall be three years from the date of the contract, and may be extended under the agreement between "A" and "B" thirty days before the expiration of the contract.

Article 9 (Cancellation of Contracts) (4) When one of the parties to “A” or “B” violates the terms of this Agreement or the terms and conditions related to this Agreement, he/she may request the other party to terminate the contract, i.e., to terminate the contract, and may claim damages for the damage incurred

B. On July 2, 2015, the Plaintiff and the Defendant entered into a commodity supply contract that includes the following (hereinafter “instant commodity supply contract”), and the Plaintiff from July 3, 2015 to the same year.

8. By the 18.18., the Defendant paid 62,579,000 won (= KRW 49,500,000) plus 11,294,000) with the purchase price of the goods (i.e., KRW 1,785,00).

Article 2 (Specifications Specifications and Price of Products) Products and Prices to be Delivered by “B (Defendant)” after being ordered by “A (Plaintiff)” shall be as follows:

(Specific Contents omitted) Article 6 (Termination of Contracts)

2. This contract shall be automatically extended on a yearly basis, unless written notice from either “A” and “B” on the cancellation of this Agreement is given not later than one month before the expiry of the term of validity, which shall be three years from the date of the contract.

Article 7 (Compensation for Damages)

1. “A” and “B” are different.

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