손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant is a company that manufactures and sells fuel chains (hereinafter referred to as “fuel supply chain”) among automobile parts. The plaintiff is a company that manufactures and sells the product of this case from the defendant, and the plaintiff is a company that supplies C Co., Ltd. (hereinafter referred to as “C”), D Co., Ltd, E Co., Ltd. (hereinafter referred to as “two companies”) and G Co., Ltd. (hereinafter referred to as “G”).
B. On August 1, 2002, the Plaintiff and the Defendant drafted a “basic contract” containing the following contents (hereinafter “instant basic contract”).
( Strategic) The basic contract under Article 2 and this basic contract shall apply to each individual contract (hereinafter referred to as “individual contract”) unless there is a separate agreement between A (referring to the plaintiff) and B (referring to the defendant) to determine the basic matters concerning the external contract, and both A and B shall comply with this contract and the individual contract.
Article 3. Terms of Individual Contracts
1. The name, quantity, unit price, payment period, quantity, place of delivery, method and time of inspection, and other conditions, etc. of the order shall be stipulated in each contract;
2. Notwithstanding the provisions of the preceding paragraph, part of the terms and conditions of an individual contract may be determined by a annexed agreement, etc. after consultation with Gap and Eul.
Article 4 Formation of Individual Contracts
1. An individual contract shall be concluded when A delivers an order stating the details of transactions provided for in Article 3 and B accepts it;
Provided, That if there is an intention to refuse the acceptance, B shall indicate the intention of refusal within five days from the date of receipt of the order by A, and if the refusal is not made within this period, the contract shall be deemed to have been concluded.
(A) Claim for damages under Article 40, A, or B, suffered damages due to the breach of this Agreement or an individual contract.