beta
(영문) 서울고등법원 2015.11.11 2014나38632

손해배상(기)

Text

1. Of the part regarding the counterclaim in the judgment of the court of first instance, 36,755,730 won against the Defendant (Counterclaim Defendant).

Reasons

1. Basic facts

A. A and B (the Plaintiff of this case) including the conclusion of a product supply contract with the Plaintiff and the Defendant enter into a basic contract with respect to the development, contract production, and other supply transaction of tables PC product group (hereinafter “products”).

Of the following matters, terminal devices and ancillary amounts, basic OS content software (including scambling software) shall be “products” and “products, including Tmap Lapk in the products and SK placks.”

Section 1 (Purpose) This Agreement takes precedence over the basic contract for transaction between A, C, and B entered into on October 29, 2012, and aims at setting forth all the matters, such as rights and obligations between A and B, in continuous transaction between A and B, by an order for which A is requested to produce the products.

Section 3(A) A shall operate a set of order for a product for at least two months upon consultation with B, determine a monthly production at the end of each month, and then issue an order in writing at least 45 days prior to delivery of the product, which shall include the name, quantity, price, payment period, delivery place, packing method, etc. of the product.

Article 6 (Methods of Price Payment) (A) A and B shall make their best efforts to make stable payments based on mutual trust.

(B) The terms and conditions of the payment of the transaction price are, in principle, deposited on five days before the shipment.

Provided, That it shall be paid 30% of the total amount of the order on the day when Gap provides an order to Eul.

(c)The payment shall be strictly made and, if the payment of the price for the goods is delayed, A shall pay to B an amount equivalent to the settlement date by applying the interest rate of 20 per cent (20%)/year from the date above the initial payment date to the cost for the contract materials and production borne by B.

In addition, A is required to shipping products to B.