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(영문) 대구지방법원 2019.12.19 2018가합202969
손해배상(기)
Text

1. The plaintiff B's lawsuit shall be dismissed.

2. All of the claims of the plaintiff A and C are dismissed.

3. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiff A and Plaintiff B engaged in the manufacture and supply of automobile parts under the trade name of “P” before July 2013. Plaintiff B and Plaintiff B were the third subcontractor of the I Co., Ltd. with the trade name of “H,” “H,” “I Co., Ltd., as the principal subcontractor,” “J Co., Ltd., as the primary subcontractor,” and “K” as the secondary subcontractor.

B. In around 2012, the Plaintiffs: (a) supplied automobile parts to K Co., Ltd.; and (b) concluded a subcontract contract with the content that reduces the unit price of the automobile parts manufactured and supplied by the Plaintiffs annually from 2012 to 2015 (the Plaintiff A, the Plaintiff B, the Plaintiff B, and the Plaintiff C, the respective central transshipment of the M and N vehicles; hereinafter the same shall apply).

On the other hand, K has become insolvent due to the aggravation of business management around 2013.

C. 'D' Co., Ltd.

A) On April 1, 2013, as a new secondary subcontractor of an I Co., Ltd. replacing K, the Plaintiffs entered into a subcontract agreement with the Plaintiffs to manufacture and supply parts of a motor vehicle with D as follows. The Plaintiffs and D agree on the supply contract of goods as follows and enter into this contract. The terms and conditions of this contract under Article 3 (Terms and Conditions of Contracts) shall apply to all items determined by a separate unit price agreement between the Plaintiffs and D. Article 4 (Unit price shall be determined through consultation between the Plaintiffs and D, including appropriate management expenses and profits in accordance with a reasonable calculation method, taking into account the volume, payment period, payment method, quality, materials price, labor cost, etc.

(1) The unit price adjustment shall be possible after one year from the commencement of transactions, and where it is necessary to adjust the unit price, it may be adjusted by mutual agreement, along with relevant evidential documents.

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