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(영문) 대전지방법원 2018.05.30 2017가단10906

손해배상(기)

Text

1. The claim of this case is dismissed.

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

Reasons

Basic Facts

On October 31, 2012, the Plaintiff and the Defendant entered into a supply contract with the content that the Defendant would supply packaging materials (alleys) to the Plaintiff.

The contract term of the instant contract is two years from the date of the contract, and is automatically extended on a yearly basis unless there is an express expression of intent three months before the contract term expires.

Article 7 (Consultation about Determination of Unit Price) of the contract of this case provides for the following:

1) The Defendant shall submit a quotation at the time of the supply of the product, and the supply price for two years after the conclusion of the contract shall not be arbitrarily requested to the Plaintiff. 2) The Defendant shall not consult with the Plaintiff in excess of 3% at the time of the price-fixing consultation, and shall consult with

On February 21, 2017, the Defendant sent to the Plaintiff a letter demanding the Plaintiff to increase the delivery price of packing materials, and the above letter of public notice reached the Plaintiff around that time.

The specific content is that as the price of the aggregate sheet in July 2016 is about 20% wide, and then about 16% increased again on February 2017, it would be inevitable to increase the price of packing materials by 10% or 20% for each item (attached sheet) from March 1, 2017.

The defendant cannot supply the plaintiff again on April 11, 2017 without a unit price increase from May 1, 2017 due to the lack of reply to the plaintiff on February 21, 2017.

‘A’ official document sent to the Plaintiff, and the above official document reached the Plaintiff around that time.

In the above official document, it indicated the name of packing materials, the original price by standard, processing costs, and management costs, and attached a list indicating the difference between the total amount and the current unit price of the supply.

The defendant suspended the supply of packing materials from May 1, 2017, because the defendant did not answer the plaintiff's request for unit price discount, the supply of packing materials was suspended from May 1, 2017.

Accordingly, on May 2, 2017, the Plaintiff entered into a contract for the supply of packing materials with the astronomical Mangy Ltd.