logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2017.12.08 2017가합50908
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures automobile parts, etc., and the Defendant is a company that manufactures automobile parts after receiving parts, etc. from the same automobile parts manufacturer as the Plaintiff and assembling them and manufactures intermediate parts, and supplies them to the automobile parts manufacturer.

B. C, the representative director of the Plaintiff, operated the manufacturing company of automobile parts with the trade name called D before the Plaintiff’s establishment. On November 14, 1989, after concluding the manufacturing consignment agreement with E Co., Ltd., the Defendant’s telegraphic body, maintained the trade relation.

On September 20, 2006, the Plaintiff entered into a basic contract for the entrustment of the manufacture of automobile parts (hereinafter “instant contract”) with F Co., Ltd. (hereinafter “B Co., Ltd.”) on September 19, 201, and continued the transaction until November 2014.

In the transaction of the parts or accessories (hereinafter referred to as the "parts") of motor vehicles of the basic contract for the transaction of outsourcing goods (hereinafter referred to as the "the contract of this case"), the defendant (hereinafter referred to as the "A") and the plaintiff (hereinafter referred to as the "B") shall conclude a basic contract as follows:

Article 1 (Basic Principles) (1) Transactions shall be conducted in accordance with the respect for mutual interests and the principle of good faith.

(2) A and B shall comply with the Fair Transactions in Subcontracting Act (hereinafter referred to as the "subcontract Fair Transactions Act"), the Monopoly Regulation and Fair Trade Act, and other relevant Acts and subordinate statutes in performing a contract.

Article 3 (Orders) A shall, in principle, give prior notice of an annual order plan to B when it intends to place an order for parts, and shall also provide information necessary therefor.

Article 6 (Unit Price) (1) The unit price for parts shall be determined in consultation with A and B in accordance with the reasonable calculation method added to appropriate management expenses and profits, taking into consideration the quantity, quality, specifications, period of payment, method of payment, price of materials, labor cost, market price, etc.

(3) Paragraph (1) shall apply during the contract period.

arrow