beta
(영문) 청주지방법원충주지원 2015.02.05 2013가합1754

손해배상(기)

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are companies established for the purpose of manufacturing and selling automobile parts.

B. On September 19, 2011, the Plaintiff entered into a subcontract agreement with the Defendant with the content that the Defendant manufactures a vehicle audio device (studio electronic circuit board) supplied by the Defendant to Hyundai mother Business Co., Ltd. and supplies it to the Defendant and receives the price from the Defendant.

C. From February 201 to August 2013, the Plaintiff manufactured parts and supplied them to the Defendant in accordance with the automatic insertion process (the method of inserting parts into the machine board) and the manual insertion process (the method of inserting parts into the machine board by the work executor).

Article 4 (Prohibition of Determining Unreasonable Subcontract Consideration) (1) In cases of entrusting a subcontractor with manufacturing, etc., the principal contractor shall not compel the subcontractor to determine subcontract consideration at a level lower than the price generally paid for the same or similar manufacturing, etc. of the subject matter, etc. (hereinafter referred to as "determination of unreasonable subcontract consideration"), or to accept such subcontract.

(2) Any act by a principal contractor falling under any of the following subparagraphs shall be deemed fixing unreasonable consideration for subcontract:

4. Fixing a subcontract price by deceiving a subcontractor by causing an error in the terms of transaction, such as the volume of order, or by presenting an estimate or a false estimate of another project operator, and using such means;

5. An act determining subcontract consideration unilaterally by a principal contractor at a low price. Article 11 (Prohibition of Reduction) (1) No principal contractor shall reduce the subcontract consideration determined when he/she entrusts manufacturing, etc.

Provided, That if the principal contractor has proved any justifiable reason, the subcontract consideration may be reduced.

The provisions related to this case in the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Act") shall be as follows.

[Ground of recognition] The fact that there is no dispute, A.