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(영문) 대구지방법원 경주지원 2018.02.23 2016가단38

구상금 등

Text

1. The Defendant’s KRW 134,775,664 to the Plaintiff and KRW 6% per annum from January 14, 2016 to February 23, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and supplies automobile body parts to original business entities such as CDs. The Defendant is a company that manufactures rubber products for automobile parts or automobile parts using rubber products for automobile parts and supplies them to the Plaintiff and other companies.

B. Upon receiving an order from Nonparty E, a U.S. subsidiary that supplies automobile parts to the D North America Factory, the Plaintiff agreed to supply the parts of W/STRIP [SPP (U.S. part in rubber, etc.) to the non-party company, which will be the main part of QF tea (the top lids in front of the vehicle, one-day Bolls, and the main part).

C. On January 1, 2012, the Plaintiff and the Defendant concluded a basic contract, quality guarantee agreement, and clean rental compensation agreement (hereinafter “instant contract”) for the entire process, such as ordering and planning, designing, manufacturing, and selling motor vehicle parts.

After the conclusion of the instant contract, the Defendant loaded the instant parts produced in accordance with the terms of the Plaintiff’s order on a package designated by the Plaintiff, and supplied them to the packages for transport, and the Plaintiff delivered them to the non-party company via a trucking ship, without being supplied by the Defendant.

E. On September 30, 2012, the Plaintiff received from the non-party company a large number of defects found in the END PEC contact division of both end parts of the instant part (hereinafter “this part”) and received a large amount of damages arising therefrom (damage claim due to product defects).

On October 12, 2012, the Plaintiff notified the Defendant of the above contents and requested the improvement of the product and the compensation for damages incurred.

F. Accordingly, the Defendant attempted to find out the causes of the above gambling phenomenon through its own experiments, but did not make a clear conclusion as to such causes, while transporting at sea.