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(영문) 서울중앙지방법원 2017.06.16 2014가합543977

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 552,298,603 to the Defendant (Counterclaim Plaintiff) and its related amount from December 17, 2014 to June 16, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

Article 6 (Quality Inspections) (1) The defendant shall complete the inspection of products produced by the plaintiff, a person designated by the plaintiff, or an institution, and provide all preparation and convenience for inspection.

(2) The criteria, methods (in-service type inspections and e-chemical inspections) and timing for inspection of products shall be determined through consultation between the plaintiff and the defendant, and the defendant shall only provide the plaintiff with a good quality product that passed a self

(I) If the result of the inspection under Article 6 fails to pass the inspection, the corrected products shall be subject to re-inspection immediately after the correction, after the inspection of defects in quality and regulations.

(2) The plaintiff may refuse to accept the rejected goods that cannot be corrected.

In such cases, the defendant shall not sell it directly or to a third party without the plaintiff's prior approval.

Article 9 (Delivery of Goods and Receipt Certificates) (1) The supply of goods shall be deemed to have been supplied only for the quantity that has passed the Plaintiff’s inspection.

(2) The defendant shall strictly maintain the payment period as stipulated in the individual contract, and transport and deliver the products on his/her responsibility to the place designated by the plaintiff.

3. When the defendant delivered the product, the plaintiff must immediately deliver a certificate of receipt to the defendant unless it is the case of return due to the defendant's fault.

Article 10 (Failure of Supply of Goods) (1) The defendant may adjust the payment period only once by mutual agreement with the plaintiff within one week after receipt of the work instruction at the time of preparation of the replacement of the supply of goods, if the supply is impossible within the predetermined payment period due to reasons attributable to the defendant).

(2) If the payment period is delayed for at least 20 days due to a reason attributable to the defendant, the plaintiff may refuse to accept the application.

Products which have been rejected shall be dealt with according to the methods of disposal of the rejected products under Article 8.