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(영문) 서울고등법원 2016.07.07 2015나2042849

물품대금 등

Text

1.The judgment of the first instance shall be modified as follows:

The defendant, 185,728,060 won and 44,000 among the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of developing and supplying semiconductor hardware and software circuits. The Defendant is a company that manufactures and sells electronic equipment.

B. On July 16, 2004, the Plaintiff entered into a basic contract between the Plaintiff and the Defendant and the Plaintiff’s vow 1) with a trade agreement for the continuous supply of automobile parts, etc., and on January 2, 2010, the Plaintiff entered into a basic contract with the Defendant with a view to replacing the existing trade agreement (hereinafter “instant basic contract”).

A. The part or parts of the motor vehicle (hereinafter referred to as “parts”) were entered into.

In the transaction, the Plaintiff and the Defendant enter into a basic contract as follows. ① Article 1 (Basic Principles) (1) The transaction shall be in accordance with mutual interest respect and the principle of good faith. ② The Plaintiff and the Defendant must comply with the Fair Transactions in Subcontracting Act, the Monopoly Regulation and Fair Trade Act, and other relevant Acts and subordinate statutes in the performance of the contract. Article 2 (Basic Contracts and Individual Contracts) (1) Unless there is any agreement between the Plaintiff and the Defendant as to the basic matters concerning the manufacture subcontract of parts (hereinafter “individual Contracts”).

(2) The order date, name, quantity, unit price, payment period, place, method and time of delivery, subcontract consideration and the method and date of payment, etc. of the parts shall be stated in an individual contract, and the plaintiff and the defendant shall affix their names and seals thereto. However, part of the contents of the individual contract may be substituted by the annexed agreement, etc. in advance through consultation between the plaintiff and the defendant.