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(영문) 서울북부지방법원 2018.11.22 2017가합20856
손해배상(기)
Text

1. The Defendant’s KRW 291,256,628 as well as the Plaintiff’s KRW 6% per annum from March 8, 2017 to November 22, 2018.

Reasons

Basic Facts

The plaintiff is a company that runs the business of manufacturing early fine and food additives.

The defendant is a company that runs the wholesale and retail business of solid fuels (e.g., flucited coal, fluort coal).

The Pcroke Coke concluding the Pccoke supply contract (hereinafter referred to as "petcock") is a solid residues remaining after refining crude oil and deducting various kinds of oil.

When manufacturing cocks, etc. at a plant located in Gunsan, the Plaintiff has used cock as fuel for the operation of boiler.

On June 30, 2016, the Plaintiff entered into a contract with the Defendant to be supplied with the following content:

(A) Evidence Nos. 1 and 2, hereinafter “instant contract”). Article 1 (Supply Contracts) of the Agreement on Trade in Goods (1) The Defendant may request a change of the country of origin after consultation with the Plaintiff on the two-month written notice, if it is impossible to supply an existing country of origin.

2. However, the Plaintiff may terminate this contract even if it is possible for a third party, other than the Defendant, to supply the product in Korea, and the Defendant shall not raise any objection thereto.

(3) When the Plaintiff changes the existing origin to the imported acid and the imported acid to the domestic acid, he/she may proceed with it after consultation with the Defendant, with a notice of at least two months prior to the date of such change.

Article 2 (Quantity of Purchase Guarantee) (1) The plaintiff shall ensure that the defendant purchases cocks of 1,00 tons per month (/-10%) to the defendant.

Provided, That in accordance with section 11 (Termination of this Agreement), this Agreement and the Agreement shall become null and void if the two-company contracts are terminated or terminated.

In addition, if the above purchase guarantee of the plaintiff is not possible, the defendant will be notified in advance.

(2) Where the amount of use decreases due to the Plaintiff's facility problems, etc., it shall be excluded from the amount guaranteed to purchase during that period.

Article 3 (Maintenance of Fair Trade and Support for Shared Growth) (1) The plaintiff and the defendant shall have the following details for fair and transparent trade:

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