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1. The Defendant’s share of KRW 6,164,858 to the Intervenor succeeding to the Plaintiff as well as its share of KRW 6,164,858 to April 23, 2015.
Reasons
1. Basic facts
A. The Defendant is a company that manufactures and sells electronic parts, such as audio, neons, and air conditioners, buried in a motor vehicle under a contract with Hyundai mother Business Corporation.
B. On September 19, 2011, the Plaintiff and the Defendant concluded a branch entry contract with the effect that “the Defendant subcontracted part of the business of assembly of the audio electronic circuit board for the use of the vehicle interior to the Plaintiff, and leased part of the building owned by the Defendant to the Plaintiff free of charge among the factory buildings owned by the Defendant (hereinafter referred to as “instant factory,” and “the instant branch entry contract”). The part related to the instant case in the said contract is as follows.
In the transaction of motor vehicle parts or their electronic parts (hereinafter referred to as "parts"), the defendant (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") shall conclude a basic contract as follows:
Article 2 (Basic Contracts and Individual Contracts) (1) This Framework Agreement (hereinafter referred to as the "Agreement") shall apply to each individual contract (hereinafter referred to as "individual contract") unless otherwise agreed to provide for the basic matters concerning the manufacture subcontract of parts between A and B, and both A and B shall comply with this Agreement and individual contracts.
Article 16 (Receipt Inspection and Acceptance) (2) A shall notify in writing B of the result of the inspection within 25 days from the date of receipt of the parts unless there is any justifiable reason.
If no notification is made within this period, it shall be deemed that the inspection has passed.
Article 19 (Payment of Price) (2) Article 13 (2) through (8) of the Fair Transactions in Subcontracting Act shall apply to the payment method of the price.
A shall pay B the end of the following month after the end of the 25th of each month.
§ 29 (Conditions of Transaction) Water Tax shall be supported by East Asia, and electricity charges shall be borne by the branch contractor. (See Article 23 (Liability for Warranty)