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(영문) 인천지방법원 2018.03.07 2017가단235455
선급금 등 반환청구
Text

1. The Defendant’s KRW 124,625,428 among the Plaintiff and KRW 80,480,728 among the Plaintiff, shall be KRW 44,14,700 from February 25, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company engaged in the overall wholesale business, etc. of goods, and the Defendant is a company engaged in digital home trade business, etc.

On January 1, 2016, the Plaintiff entered into a product supply contract that contains the following contents with the Defendant (hereinafter “instant supply contract”).

Article 1 [Purpose] The purpose of this Agreement is to promote mutual interests by providing Party B (Defendant) with continuous supply of goods to Party A (Plaintiff), and Party B with the price for goods, by stipulating the rights and obligations of the parties, matters concerning the relevant duties and procedures, and the standards for resolution at the time of the occurrence of disputes, and providing Party B with the price for goods.

Article 2 [Definition of Terms] The terms used in this Agreement shall have the following meanings:

1. Advance payment: The purchase price paid in advance by a Party A to be supplied with the goods, and if Party A demands the return of the goods, Party B shall be obligated to return;

2. A written confirmation of purchase of raw materials or equipment for foreign exchange earnings: Documents issued by a person who intends to purchase raw materials or equipment for foreign exchange earnings upon an application for confirmation by the Minister of Trade, Industry and Energy through electronic trade services to apply the zero tax rate under Article 24 of the Value-Added Tax Act.

3. IT-based website: a web service operated by B to form a smooth supply relationship between B and B as a site developed to facilitate the supply of goods and the confirmation of payment of prices.

Article 4 [Supply of Goods] ① This Agreement provides for the basic matters with respect to a long-term commodity supply contract between A and B, and the specific name, quantity, quantity, unit price, etc. of the supplied goods shall be determined by separate contracts (hereinafter referred to as “individual contracts”) at each request for supply.

(2) Each contract shall be No. B.

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