손해배상(지)
1. The Defendant’s KRW 21,352,420 as well as 5% per annum from December 22, 2016 to February 16, 2017 to the Plaintiff.
Basic Facts
The plaintiff is a company that runs the business of developing and supplying semiconductor hardware, software circuit, etc.
The Defendant supplied parts, such as digital visibility, to companies engaged in the manufacturing and selling of electronic equipment, such as Hyundai Embling Co., Ltd. (hereinafter referred to as “Modern Embling”), Hyundai Motor Co., Ltd. (hereinafter referred to as “Modern Motor”), and Climate Motor Co., Ltd. (hereinafter referred to as “Ambling Motor”).
On July 16, 2004, the Plaintiff entered into a basic contract between the Plaintiff and the Defendant, and the Plaintiff’s pledge entered into a trade agreement with the Defendant for the continuous supply of automobile parts, etc., and on January 2, 2010, entered into a basic contract (hereinafter “instant basic contract”).
In the transaction of motor vehicle parts or accessories under the instant basic contract (hereinafter “parts”), the Plaintiff and the Defendant conclude a basic contract as follows:
Article 1 (Basic Principles) (1) Transactions shall be in accordance with the respect for mutual interests and the principle of good faith.
Article 2 (Basic Contracts and Individual Contracts) (1) This basic contract shall also apply to each individual contract (hereinafter referred to as "individual contract"), unless otherwise agreed, to determine the basic matters concerning the manufacture subcontract of parts between the plaintiff and the defendant, and the plaintiff and the defendant shall comply with this basic contract and individual contracts.
(2) The date, name, quantity, unit price, delivery period, place, method and time of delivery, subcontract consideration, method and time of payment thereof, etc. shall be stated in an individual contract and the names of the plaintiff and the defendant shall affix their seals thereon.
However, some of the terms of an individual contract may be substituted by a annexed agreement, etc. in advance after consultation with the plaintiff.
(3) Where individual contracts cannot be concluded frequently due to the frequent supply, Article 2 of the basic contract of this case stating the details of transactions under paragraph (2).