손해배상(기)
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Facts of recognition
C (the Plaintiff’s spouse) entered into a preferential supply contract with the Defendant on April 29, 2013 under the name of the Plaintiff (hereinafter “instant preferential supply contract”) while working in D (hereinafter “Defendant Company”) operated by the Defendant, and the parts relating to the instant case are as follows.
Article 1 (Purpose) This Agreement aims to minimize the disputes and ensure continuous development by prescribing the rights and obligations relationship in the future, through mutual trust between the Defendant (A: D) and the Plaintiff (A) by pursuing the growth and development of the company through mutual trade based on mutual trust.
Article 2 (Terms and Conditions of Contracts) (1) The defendant shall grant the plaintiff a preferential right to supply all parts processed and supplied to the plaintiff in cases where the necessary parts are supplied with the parts to be processed with a factory machine among the machinery manufactured in D through an outsourcing processing.
(2) When the Defendant places an order for the goods to be supplied to the Plaintiff, the Plaintiff shall be liable for the ordered goods and deliver them to the Defendant within the delivery period.
(hereinafter 3) The delivery method may be directly processed and supplied by the Plaintiff to the Defendant or processed to a third party and supplied to the Defendant by the Plaintiff.
(4) The unit price for the supply of goods shall be determined by mutual consultation between the defendant and the plaintiff with respect to the unit price for the supply of goods. The price determination criteria shall be determined within a reasonable scope based on ordinary business practices and good faith, and if it is necessary to adjust the price due to changes in circumstances, such as production costs, the unit price may be changed through mutual consultation.
Article 4 (Cancellation and Termination of Contract) In the event of the following reasons, the defendant or the plaintiff may terminate the contract with written notice to the responsible party.