을 or 갑?

English translation: 을 shall not have the product supplied by any third party...

08:27 Oct 15, 2018
Korean to English translations [PRO]
Law/Patents - Law (general)
Korean term or phrase: 을 or 갑?
There is a statement in the sales agreement between the seller and the buyer
in the following sentence 을 stands for the SELLER and 갑 for the buyer
but I can not find any reason for this statement regarding the seller
Shouldn't there be "갑"은 어떠한 경우라도.... instead. Please help. Either I can't understand the statement correctly or the author made mistake.

1. “을”은 어떠한 경우라도 타인으로 하여금 물품을 대납토록 하거나 본 계약서에 명시된 의무 및 권리를 타인에게 양도할 수 없다.
syty
Local time: 04:20
English translation:을 shall not have the product supplied by any third party...
Explanation:
The statement implies that 을 is supposed to supply something to the other party, supposedly 갑, as 을 shall not have it supplied by any third party.

This means 을 is the supplier, that is, the seller.
Selected response from:

Claire Shin
South Korea
Local time: 11:20
Grading comment
4 KudoZ points were awarded for this answer



Summary of answers provided
4In no event may the Seller have a third party deliver goods on its behalf, nor may the Seller...
Steven S. Bammel
4In no event shall "Party B (or the Seller)" have a third party supply the goods or transfer its obli
Hyuk Hwang
4을 shall not have the product supplied by any third party...
Claire Shin


  

Answers


14 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
을 shall not have the product supplied by any third party...


Explanation:
The statement implies that 을 is supposed to supply something to the other party, supposedly 갑, as 을 shall not have it supplied by any third party.

This means 을 is the supplier, that is, the seller.

Claire Shin
South Korea
Local time: 11:20
Works in field
Native speaker of: Native in KoreanKorean
PRO pts in category: 4
Notes to answerer
Asker: Thank you very much. Then it's correct originally.

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2 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
In no event shall "Party B (or the Seller)" have a third party supply the goods or transfer its obli


Explanation:
In no event shall "Party B (or the Seller)" have a third party supply the goods or transfer its obligations and rights set forth in this Agreement to a third party.

If 대납 here means paying by proxy:
In no event shall "Party B (or the Seller)" have a third party pay for the goods by proxy or transfer its obligations and rights set forth in this Agreement to a third party.

Hyuk Hwang
South Korea
Local time: 11:20
Native speaker of: Native in KoreanKorean
PRO pts in category: 16
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4 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
In no event may the Seller have a third party deliver goods on its behalf, nor may the Seller...


Explanation:
To avoid confusion on the subject of the first and second clauses in this sentence, it is best to repeat the subject "Seller" as follows.

"In no event may the Seller have a third party deliver goods on its behalf, nor may the Seller transfer its rights and obligations under this Agreement to a third party."

To fully include the meaning of 대납, including "on its behalf" is essential wording for the translation. I also prefer "may not" over "shall not" and "goods" over "products" for 할 수 없다 and 물품, but these are stylistic and may not in fact match the rest of the terminology and context of the document.

To address the original question, the Buyer (갑) is not an actor in this sentence at all and is therefore not included. There does not appear to be anything wrong with the source text.



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Note added at 5 hrs (2018-10-15 13:56:06 GMT)
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To be even clearer about who's doing what, try this slight rewording: "In no event may the Seller have a third party deliver goods on the Seller's behalf, nor may the Seller transfer the Seller's rights and obligations under this Agreement to a third party."

Repeating "the Seller" sounds a bit awkward, but clarity is extremely important in contracts and I think this wording is warranted here.

Steven S. Bammel
United States
Local time: 21:20
Works in field
Native speaker of: Native in EnglishEnglish
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