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1. The Defendant’s KRW 879,756,935 as well as 5% per annum from February 17, 2015 to April 7, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. The status of the party is a company established for the purpose of manufacturing, installing, and selling various kinds of machinery, apparatus, and their accessories, various construction machinery, special parking cars, buses, trucks, and automobiles, and their components manufacturing and selling business. The Defendant is a company established for the purpose of manufacturing and selling automobile parts, and manufacturing and selling general machinery and parts thereof.
B. On September 23, 2013, the Plaintiff and the Defendant: (a) the Plaintiff and the Defendant enter into a standard subcontract for the type of machinery industry (hereinafter “basic contract”) with a view to setting the basic matters concerning consignment transactions, such as manufacture, processing, and repair of materials, apparatus, goods, etc. related to the mechanical industry; and (b) the
(A) On the same day, if any, a quality guarantee agreement and a warranty agreement under which the Defendant is responsible for the quality assurance of the goods supplied to the Plaintiff by the Defendant for the goods supplied to the Plaintiff and the Claim arising from any defect in the parts, the AS Claim agreement providing for the compensation for the damage arising from any defect in the parts thereof (hereinafter referred to as the “AS Cla Agreement on the Compensation for Manufacturing Defects”).
2) The parts relating to this case in the Framework Agreement, the Quality Guarantee Agreement, and the Compensation Agreement for Manufacturing Defects are as follows:
Section 3 (Basic Contract and Individual Contract) (1) Unless otherwise agreed, this contract shall also apply to an individual contract which is entered into separately from this contract, and the buyer and the supplier shall comply with this contract and individual contracts.
Article 30 (Liability for Warranty) If any hidden defect is found in an object within six months after the date of the transfer of the ownership of the object, the supplier shall be liable for the delivery of the defective repair substitute goods, reduction of the price, and damages due to the defect separately concluded by the buyer and the supplier in accordance with the Crest Compensation Agreement.
However, within this period due to the nature of the object.