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(영문) 부산지방법원동부지원 2019.04.17 2018가합105049

물품대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 1, 2014, the Plaintiff entered into a “basic transaction agreement” with the Defendant with the content that the Plaintiff would produce and supply the parts or accessories of an infant vehicle after receiving an order from the Defendant (hereinafter “instant basic contract”). The main contents of the instant basic contract are as follows.

Article 2 (Basic Contracts and Individual Contracts) (1) This basic contract shall also apply to each individual contract unless otherwise agreed that the basic matters concerning the manufacture subcontract of parts between the plaintiff and the defendant are determined, and the plaintiff and the defendant shall comply with this contract and individual contracts.

Article 3 (Orders) When the defendant intends to place an order for parts, he/she shall give the plaintiff an annual order plan in principle, and shall also provide information necessary therefor.

Article 6 (Unit Price) (1) The unit price of parts shall be determined by an individual contract (price) through consultation between the plaintiff and the defendant in accordance with a reasonable calculation method added to appropriate management expenses and profits, taking into account the quantity, quality, appearance, payment period, method of payment, price of materials, labor cost, market price, etc.

Article 11 (Period of Payment) The term "payment period" means the date for the delivery of the order parts under an individual contract to the place determined by the agreement between the plaintiff and the defendant, and shall be determined by mutual consultation

B. On April 8, 2015, the Defendant prepared a document stating the fixed quantities and examples for each type of motor vehicle for young children under the title “PCB ordering document” (hereinafter “instant document”) from April 2015 to December 2015, and sent the instant document to the Plaintiff around 13:5 on the same day.

C. On April 8, 2015, the Plaintiff received an accurate order and promised to commence production after being notarized the amount and details of the initial agreement to the Defendant. However, the Plaintiff received a request for prompt progress for smooth performance of duties.

(a).