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(영문) 광주지방법원 2015.01.23 2013가합7945

손해배상(기)

Text

1. The Defendant’s KRW 35,355,279 as well as the Plaintiff’s annual rate of 6% from July 5, 2013 to January 16, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells the ED lighting fixtures, etc., and the Defendant is a company that manufactures and sells the ED lighting fixtures, etc. used in the ED lighting fixtures.

B. On August 31, 2012, the Plaintiff entered into a commodity supply contract with the Defendant with the following terms (hereinafter “instant contract”).

In order to ensure the certainty and smooth performance of delivery transactions for products under Article 1 (Basic Matters to be Observed) of the Goods Supply Contract and to promote the sound business development of both the original and the Defendant, the following agree:

1. Contract product name: All of the consortiums used for the supply of electric source water of EDr;

5. An inspection of goods shall, in principle, be conducted immediately after receipt, but where it takes time due to the characteristics of the goods, it shall be decided through mutual consultation;

6.Matters other than those mentioned above shall be governed by each order of recommendation.

Article 2 (Issuance of Main Documents) (1) The unit of order for the contract product ordered by the Plaintiff shall be ordered by the Plaintiff, if necessary, three weeks prior to the date of delivery to the FAX.

Article 8 (Approval and Business Guidance) (1): The defendant must submit a sample for recognition and a process management prior to the payment of the contract products to pass the plaintiff's recognition test and factory review.

(A separate consultation shall be made on the test items of the test report). In addition, the defendant shall undergo a factory examination at the request of the plaintiff even after the completion of factory examination.

(2) Any modification to death shall be dealt with in accordance with paragraph (1) above.

Article 9 (Inspection of Acceptance) (1) The defendant shall undergo an inspection of the supplied goods by the plaintiff or the plaintiff, or by the inspection agency, the buyer or the person designated by the purchaser.

(2) The fact that the inspection under the preceding paragraph was completed does not constitute an exemption from liability for the defect of the defendant's product.

Article 11 (Settlement of Complaints) (1) The settlement of complaints against a consumer shall be carried out by the plaintiff's settlement of complaints, and the plaintiff's document of settlement of complaints and complaints to the defendant.