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(영문) 수원지방법원성남지원 2014.11.13 2013가합467

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 1, 2012, the Plaintiff and the Defendant entered into a contract with the Defendant for the processing of forest products by providing the Defendant with raw and subsidiary materials necessary for the processing of the laver, the laver, the laver, the laver, and the laver, and the laver. If the Plaintiff entrusted the processing of forest products, the Plaintiff entered into the contract with the Defendant on July 1, 2012 with the content that the Defendant would manufacture the said products and deliver them to the Plaintiff in accordance with the Plaintiff’s production instruction and processing instruction (the Plaintiff and the Defendant added Article 18 to the instant contract for the so-called “instant contract”). The main contents related to the instant case are as follows.

Article 5 (Manufacture of Products)

1. The defendant shall cooperate to the maximum extent possible in the progress of technical guidance for employees and inspectors dispatched by the plaintiff in order to manufacture high-quality products by the plaintiff's production instruction and other instructions.

Article 13 (Compensation for Damages)

1. The defendant shall compensate the plaintiff for all damages where the plaintiff suffered damages due to the violation of the above contract, such as the quantity of the consigned goods stored, delay and default of the payment period, quality defects, packing failure, shortage in quantity, etc.

Article 17 (Cancellation and Termination of Contracts)

1. The plaintiff may terminate or rescind this contract and individual contracts without peremptory notice, when the defendant violated this contract or the agreement on individual transactions based thereon, or when the defendant was subject to provisional seizure, provisional disposition, seizure, etc. from a third party, or applied for reorganization, composition, bankruptcy, etc. from the defendant's own or another party, or when it is recognized that the plaintiff is difficult for the plaintiff to continue the contract due to changes in economic circumstances, changes in the defendant

2. Upon the occurrence of the reasons under the preceding paragraph, all obligations owed by the defendant to the plaintiff shall lose the benefit of the time, and the defendant, upon the plaintiff's instruction, immediately, shall complete the entire assets owned by the plaintiff.