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1. The defendant shall be the plaintiff.
(a) KRW 2,680,152 as well as 6% per annum from January 10, 2017 to February 8, 2018;
Reasons
Basic Facts
In around 2005, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to deliver a fiber yarn used as interior materials of a motor vehicle (hereinafter “rawbed”) and receive the price of supplied goods from the Defendant. The main contents are as follows.
Article 6 (Supply of Goods)
2. Eul (referring to the plaintiff; hereinafter the same shall apply) shall carry out packaging and marking of the order materials according to the bank of Gap (referring to the defendant; hereinafter the same shall apply) and deliver the quantity designated by Gap to the place designated by Gap in accordance with the supply procedures prescribed by Gap, at his responsibility and charge;
3. B shall be notified promptly to A and take measures according to A’s instructions in the event that there is a concern for abnormal supply due to prior payment period, delay, malfunction in quality, excess in quantity, shortage in quantity, etc., or any abnormal supply occurs.
4. Eul shall compensate for the damages suffered by Gap if the supply above mentioned in the preceding paragraph occurs due to any cause attributable to Eul, and the damages suffered by Gap shall be subject to the decision where Gap and Eul agree separately with respect to this damage, such as the Cream Compensation Agreement.
Article 7 (Examination)
1. The passing and failure of the order materials supplied by Eul shall be determined in accordance with the regulations and procedures related to the examination by Gap;
2. A does not directly examine the order materials supplied by B to A’s customer, and may treat A’s customer’s results of inspection as the result of Party A’s customer’s examination.
3. The order materials determined as inferior goods by Party A and its customer in accordance with Party A’s inspection standards shall be returned to Party B, and the freight shall be borne by Party B.
Provided, That where a request for verification by B is made with respect to defective goods, A may re-examine them in the presence of B.
Article 8 (Payments) A shall pay the price of the order materials supplied by B as a promissory note by a bank not later than 90 days from the payment date after the issuance of the bill as of the end of the following month after the end of the month.
Provided, That there is a special agreement between Gap.