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(영문) 부산지방법원 2018.01.11 2017가단304402

손해배상(기)

Text

1. The Defendant’s KRW 43,026,00 for the Plaintiff and KRW 6% per annum from October 26, 2017 to January 11, 2018.

Reasons

1. The following facts may be acknowledged in light of the overall purport of the arguments in the statements in Gap evidence Nos. 1, 4-1 to 7, 13, and 14-1, 2-2, Eul evidence Nos. 1, 2, 6, and 8.

The plaintiff is a corporation established for the purpose of manufacturing and manufacturing medical appliances, and the defendant is a corporation established for the purpose of manufacturing and wholesale and retailing medical appliances.

B. On April 2, 2014, the Plaintiff entered into the instant contract with the Defendant and the Defendant (hereinafter “instant contract”) on or around April 2, 2014, the terms and conditions of the instant contract are as follows:

(A) The Plaintiff entered into a contract with the Defendant, which is a medical device, with respect to the product license, manufacture, and overall management of the product license, the product license, the manufacturer, and all other management of the product with respect to the drums for national possession and blood transfusion, the heart clothes, and the absorption body blood products.

(B) The Plaintiff supplied raw materials to the Defendant, and the Defendant entrusted the manufacture of the above medical device. The Defendant handles all matters related to clinical trials and manufacturing permission related to permission in the name of the Plaintiff (Article 2(1) and (2)) in lieu of the Plaintiff’s name (Article 2(3)). The Defendant is based on mutual cooperation from the Korea Food and Drug Safety to obtain product permission from the Plaintiff in the name of the Plaintiff in the name of the Plaintiff’s ownership, and the Defendant must cooperate without justifiable grounds so

The defendant shall ensure that the quality of the plaintiff's requested goods satisfies the level of the plaintiff's request.

The defendant shall observe all matters concerning the quality control of products, such as consignment manufacturing, shipment of products, etc., and manage the products and documents so that the plaintiff can sell the products smoothly.

(Article 5(2), (3), and (4)(e) In the event of damages inflicted on the other party in violation of the terms and conditions of the contract, the party shall take measures to compensate for the amount of damages arising therefrom (Article 8(2)). (e) Where the defendant explicitly or implicitly expresses his/her refusal to perform the contract, the plaintiff shall not notify the defendant separately.