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(영문) 서울동부지방법원 2015.04.17 2013가합17139

손해배상금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 31,142,400 to the Defendant (Counterclaim Plaintiff) and its related amount from October 1, 2013 to April 16, 2014.

Reasons

1. Basic facts

A. The plaintiff (the trade name before the change: C) is a company that manufactures and sells crymal cryming, etc., and the defendant is a person who conducts the manufacturing business of cryming with the trade name "D."

B. On December 10, 2011, the Plaintiff entered into an agreement with the Defendant on the production and supply of Embrypt products to be produced and supplied (hereinafter “instant agreement”) and its main contents are as follows.

(‘A’ and “B” refer to the Defendant, “B”, and “B”). The purpose of this Agreement is to produce and supply “A” products with the right and obligations related to the sales business of products produced, including F and G, etc., which “B” is research, development, and requested by “B”, and the right and obligations related to the sales business of products.

Article 2 (Name of Product Contract) : The total size of the Agrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgrgr

2) “A” must immediately replace the defective products with the complete product and deliver them. 3) The quality assurance liability of “A” to “B” is up to the expiration date of the distribution period of the products supplied to “B” (including the precautions marked on the product).

4) The “B” may return the product from which the defect as specified in the “A” occurred, and with respect to the defect that occurred due to the care negligence during the sales and distribution process of the “B”, the “B” shall be exempted, and the “B” shall not return the defective product. 5) The “B” may dispatch one quality manager to the factory of the “B”.