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(영문) 대구지방법원서부지원 2017.05.18 2016가합51454
손해배상(기)
Text

1. The Defendant’s KRW 598,543,352 as well as the Plaintiff’s KRW 6% per annum from January 1, 2016 to May 18, 2017.

Reasons

1. Basic facts

A. On November 1, 2014, the Plaintiff entered into a clinical processing contract with the Defendant, under which the Plaintiff processed metal products, such as steise and aluminium, and deliver them to the Defendant (hereinafter “instant clinical processing contract”).

The main contents of the instant contract are as follows.

(hereinafter referred to below, “A” refers to the defendant, and “B” refers to the plaintiff, respectively. Article 3 of the Forestry Processing Contract / [subject matter] ① The subject matter of this Agreement is as follows:

50,000 KG per non-high STS, AL, and other sloting 50,00 won: Provided, That when there is a change in the object of paragraph (1), a written agreement may be changed to a written agreement by mutual agreement between "A" and "B".

(3) The quantity may be changed according to the sale, business environment, etc. of "A".

Article 7 [Price Change] ① “A” and “B”, if there is a price fluctuation due to other reasons, such as price fluctuations after the conclusion of the contract, the requirements shall be as follows:

1. Where any cause occurs that causes a change in the unit price, in the course of processing the object under Article 3;

2. Where “A” and “B” consider it necessary to adjust other prices, ② “A” and “B” shall, in the event of price fluctuation due to price fluctuation, such as price fluctuation, have the representatives or their agents of “A” and “B” coordinate the method of payment of price fluctuation in consultation at the location of “A” and “B”.

Article 10 [Period of Contract] (1) The term of validity of this contract shall be five years from the date of its conclusion.

(2) Unless a written notice of cancellation is given from either party at least one month prior to the expiration date of the contract, this contract shall be automatically extended for one year.

In the case of the successive extension thereafter, the same shall apply.

Article 11 [Reversal of Contract] (1) When A arbitrarily terminates a contract before the expiration of the contract term, (the remaining period x average processing costs) ¡À 2 shall be the compensation key.

(2) Paragraph (1).

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