손해배상(기)
1. The Defendant’s KRW 237,414,248 as well as the Plaintiff’s KRW 20% per annum from May 21, 2015 to September 30, 2015.
1. Basic facts
A. At around 2013, the Defendant ordered the Plaintiff to manufacture and supply the TAB flag board used for the CED products.
B. On March 15, 2013, the Plaintiff intended to produce the original edition ordered by the Defendant through a Japanese company located in the Republic of Korea. From around March 15, 2013, the Plaintiff examined the design drawings and agreed on price. On March 2014, the Plaintiff ordered the Plaintiff to “TAB 2525” according to the drawing offered by the Defendant (the Plaintiff was called “TJT 2525, and the Defendant ordered “MJT 2525”; hereinafter the “instant product”) to supply the product to the Defendant, and completed the preparation and final pricing negotiations.
C. Around March 2014, the Plaintiff entered into a basic purchase transaction agreement with the Defendant (hereinafter “instant basic contract”) stipulating the basic matters regarding the instant contract for goods transaction of materials, parts, and finished products, and the main contents are as follows.
Article 1 (Basic Contracts and Individual Contracts) Unless otherwise agreed, this Framework Agreement shall apply to each individual contract, unless it provides for the basic matters concerning the contract of goods, such as materials, parts, finished products, etc. between A (the defendant refers to the defendant; hereinafter the same shall apply) and B (the plaintiff refers to the plaintiff; hereinafter the same shall apply).
Article 2 (Establishment of Individual Contract) An individual contract shall be concluded upon delivery by A of an order stating the details of the entrustment, such as name, quantity, payment period, manufacturing, etc., and acceptance by B.
Provided, That if there is an intention to refuse the acceptance, B shall indicate the intention of refusal within two days from the date of receipt of the order by A, and if the refusal is not made within this period, the contract shall be deemed to have been concluded.
Article 6 (Order A) In principle, A shall send an order for an individual contract by facsimile, and B shall confirm the acceptance.
Article 14 (Supply of Goods)
1. Eul shall use the ordered parts to be determined by Gap in accordance with the supply procedures separately determined by agreement between Gap and Eul.