손해배상(기)
1. The Plaintiff (Counterclaim Defendant) paid KRW 320,362,209 to the Defendant (Counterclaim Plaintiff) and its amount from March 13, 2015 to September 8, 2016.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The parties concerned are companies engaged in the manufacture, etc. of automobile parts, and the defendant is a company engaged in the manufacture, sale, etc. of automobile parts.
B. On December 1, 201, the Defendant Company entered into a basic contract with the Plaintiff Company for the supply of parts for automobile crew. Of them, the provisions pertaining to unit price are as follows.
Article 6 (Adjustment of Contract Amount Due to Price Fluctuations) (1) The unit price of parts shall be determined by consultation between the Plaintiff Company and the Defendant Company in accordance with a reasonable method of calculation that adds reasonable management expenses and profits, taking into account the quantity, quality, specifications, payment period, methods of payment, price of materials, labor cost, market price trend, etc.
3. If there is a sudden change in the price or charge of a product included in the unit price prescribed in paragraph (1) during the contract period, the Plaintiff Company or the Defendant Company may apply for an adjustment of the contract amount, and if any of the following events occurs with respect to the remaining quantity, the contract amount shall be adjusted within 60 days after the contract is concluded, and within 30 days after the application is made:
The plaintiff company or defendant company may apply for mediation to the Subcontract Dispute Mediation Council where it has not reached the mediation for not more than 30 days.
However, if it is deemed difficult to perform a contract without adjusting the amount of the contract, such as a rapid increase in the price of raw materials, the contract amount may be adjusted even within 60 days from the date of the conclusion of the contract (if the contract amount is adjusted after the conclusion of the contract,
1. Where the amount of decrease in the prices or charges of items contained in the calculation sheets is not less than 5/100 of the contract amount corresponding to the remaining quantity of the supplied goods;
2. The price of raw materials of the supplied quantity in which the ratio of the contracting amount is not less than 5/100;