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(영문) 의정부지방법원고양지원 2017.11.16 2017가단73033

사용료

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On July 9, 2014, the Plaintiff made a product with raw materials supplied by ENB Co., Ltd. (hereinafter “debtor”) and entered into a basic transaction agreement on July 9, 2014 to deliver it again to the obligor company. The main contents of the basic transaction agreement are as follows.

Article 1 1.3 Contract Products mean Products using TSP (Toeng Spanel).

Each Party to the obligations under Article 2 shall endeavor to maintain fair trade relations by complying with this Agreement and the individual agreements annexed thereto (hereinafter referred to as "individual agreements") and by performing in good faith and sincerity.

Article 5 5.1 Orders shall be made by delivering orders issued by A (debtor Company) to B (Plaintiff).

5.2A shall determine and notify the ordered volume for each product to be produced.

Article 12. The unit price and payment terms of contract products to be supplied to Gap by Eul shall be governed by a separate contract (foreign unit price contract).

Article 14.1 A, such as the payment of depreciation costs, shall, at the request of B, examine the feasibility of facilities, equipment, etc. necessary for the production of the contract product and pay depreciation costs.

14.2 With respect to facilities and equipment Gap paid depreciation costs, Gap shall have a right to use without compensation to the extent relating to this contract, and Eul shall use the above facilities only for manufacture of contract products and shall not use them for purposes other than those approved by Gap.

14.3. A shall carry out, on a regular or occasional basis, an installation room, and B shall attach the depreciation costs to the facilities and endeavor to maintain the facilities, which prove the current status of payment of the depreciation costs and that the facilities are exclusive facilities to produce only the products of Party A.

14.4 Unless the project (contract) is terminated, B shall at will be the reduced equipment.