구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. From October 1, 2014 to October 1, 2015, the Plaintiff entered into a comprehensive property insurance contract with ELB Co., Ltd. (hereinafter “Nonindicted Company”) with respect to property comprehensive insurance amounting to KRW 10,371,062,407,305, and property comprehensive insurance amounting to KRW 4,907,353,406,000 for corporate suspension damage (hereinafter “instant insurance contract”).
B. As a partner of the non-party company, the Defendant concluded a basic contract for manufacturing consignment with the non-party company (hereinafter “the instant basic contract”), and produced sirens using materials and parts supplied by the non-party company, and supplied them to the non-party company (the non-party company produces finished products by assembling the siren and parts supplied by the non-party company). The part related to the instant basic contract is as follows.
Section A. Article 1. General Principles
1. The Parties shall carry out, in accordance with the principle of good faith, an individual contract under this Agreement (hereinafter referred to as "individual contract"), a quality payment guarantee contract, a quantity guarantee contract, a purchase confirmation contract (hereinafter referred to as "quality payment guarantee contract, a quantity guarantee contract, and a purchase confirmation contract as a package contract).
Article 2 (Contract and Individual Contract)
1.This Agreement shall also apply to an individual contract, unless otherwise agreed by the Parties, providing for the basic matters concerning the entrustment of the manufacture, processing, repair, etc. (hereinafter referred to as "manufacture, etc.") of an object (such as a material, instrument, or article) of the Parties.
2. The date of ordering, name, quantity, unit price, place of delivery, method and time of inspection, price of supply and payment method thereof, etc. shall be stated in each individual contract, and both parties shall sign and seal it;
Provided, That the terms of an individual contract shall be.