logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2021.01.21 2019가단5168720
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) Co., Ltd. (Counterclaim Defendant B) from August 3, 2019 to the Plaintiff (Counterclaim Defendant) KRW 38 million and its related amount.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant Company entered into the instant supply contract 1) The Plaintiff is a company engaged in manufacturing, wholesale, and retail business, such as physiological glass, and the Defendant Company B (hereinafter “Defendant Company”) is a company engaged in manufacturing, wholesale, and sanitary products manufacturing and wholesale business.

2) On February 28, 2019, the Plaintiff entered into an OEM agreement on the manufacture of D Biocom using a molecular absorption, etc. between the Defendant Company and the Defendant Company (hereinafter “instant supply agreement”).

3) The main contents of the instant supply contract are as follows.

Article 3 (Method of Supplying Production Materials) (1) Manufacturing materials are manufactured by directly purchasing them by “B” (Defendant ; hereinafter “Defendant”).

② The Defendant shall purchase and manage the adequate quantity of materials necessary for the production of the goods by “A” (the Plaintiff, hereinafter “Plaintiff”), and shall not transfer to the Plaintiff the raw and secondary materials that were excessively stored by the Defendant’s judgment.

Article 4 (Supply and Keeping of Goods) (1) The plaintiff shall notify the defendant of the quantity to be supplied by the defendant under the order of the document by no later than 60 days prior to the delivery date.

Provided, That the change of quantity and the change of the date of payment may be adjusted under mutual agreement.

(2) A defendant shall deliver the price to a maximum (60 days) on the basis of the payment of the price.

Provided, That this shall not apply to matters subject to prior consultation.

(4) The delivery of goods shall be made on the date, time, and place designated by the Plaintiff, and may extend the delivery deadline with prior approval from the Plaintiff, if it is impossible to deliver goods within the designated date.

Article 5 (Payment Method) (1) The plaintiff shall make a prior payment in cash for the amount equivalent to 50% of the ordered quantity at the time of issuance of the order.

50% of the remainder remaining after the completion of production shall be paid before the shipment.

The payment period for production is basically on the date of deposit, and the work is carried out according to the mutual agreement.

arrow