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(영문) 대구지방법원 2015.01.15 2014가합387

물품대금 등

Text

1. The defendant shall deliver 69 delivery containers under Paragraph (1) among the movables listed in the attached list to the plaintiff.

2. The plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing automobile parts and electronic equipment plastics with the trade name of “B,” and the Defendant is a corporation that supplies automobile parts to Hyundai Frans Co., Ltd. (hereinafter “Momans Co., Ltd.”) which is the primary partner of Hyundai Motor Co., Ltd. (hereinafter “Mos Co., Ltd.”).

B. On October 2010, the Defendant: (a) subcontracted to the Plaintiff around April 2011, part of Albavia (RBR, Mearor model) emitting Albavia (hereinafter “instant primary part”); (b) supplied KRW 1,678 per unit (hereinafter “instant supply contract”); and (c) entered into an agreement on May 1, 201 with the Plaintiff on the basic contract (part supply contract); (d) quality guarantee agreement; and (e) Lebavia compensation agreement with the Plaintiff on May 1, 201.

A: Defendant B: Article 2 (Individual Contract) of the Plaintiff’s Department’s Art. 2 (Individual Contract)

1. This Agreement shall apply to each individual transaction contract (hereinafter “individual contract”) unless otherwise agreed that the basic terms and conditions for the supply of parts between A and B are set forth, and the Party A and B shall comply with this Agreement and the individual contract.

2. The date, name, quantity, unit price, payment period, place, method and time of delivery, subcontract consideration, method and time of payment thereof, and the date of payment thereof, etc. for each contract shall be stated, and both A and B shall be signed and sealed; and

Provided, That part of the terms of an individual contract may be substituted by a annexed agreement, etc. in advance after consultation with Gap and Eul.

3. Where it is impossible to conclude an individual contract due to frequent supply, an individual contract shall be concluded by Gap by issuing a written order (including a tax source production plan) stating the details of the transaction referred to in paragraph (2).

Provided, That this shall not apply where B expresses its intention of refusal within 10 days from the date of receipt of the order.

Article 7 (Unit Cost)

1. The unit price of the parts shall be received, quality, quantity and payment period;