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(영문) 서울중앙지방법원 2017.06.13 2016가합502390
부당이득금
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 operates the business of designing and manufacturing automation machinery, and the Defendant is a company that operates the business of research and development, manufacturing, etc. of electronic machinery, etc.

B. 1) On February 1, 2013, the Plaintiff entered into a contract for manufacturing products with the Defendant, and the Plaintiff’s C Products of Modern/A car (hereinafter “instant Products”).

) A contract for the manufacture of products with the content of producing and delivering them to the Defendant was concluded (hereinafter “instant supply contract”).

(2) Accordingly, the Plaintiff supplied the instant product to the Defendant from February 1, 2013 to December 2, 2015. (2) Of the contracts entered into between the Plaintiff and the Defendant at the time of the instant supply contract, the content relating to the instant case is as follows.

Article 2 (Contract for Production of Products)

1. “Contract Products” refers to C Products of Hyundai/M Motor Vehicle, which the Defendant develops and requests the Plaintiff to produce and supply. In particular, this Agreement refers to C Products of Hyundai/M Motor Vehicle YF model, LM model, XM model, DM model, etc.

With respect to the model or type of a third party of modern/arche vehicle not specified in this Agreement, the type or type of a third party may be included in the "contract product" after consultation between the defendant and the plaintiff, while planning/development, etc. of the relevant product.

2. The Defendant shall supply the Plaintiff with free the raw and subsidiary materials necessary for the production of “contractual products”, and the Plaintiff shall process and assemble the raw and subsidiary materials provided by the Defendant, and produce and supply “contractual products”.

Article 4 (Haircut)

2. The Defendant shall provide, in writing, the Plaintiff with a letter of order indicating the prospective volume of the supplied goods for three months prior to the delivery to the Plaintiff, the fixed ordered quantity by two months prior to the delivery, the delivery place, etc.

Article 7 (Payment of Price) In principle, the payment shall be made in cash on the 15th of the following month after the end of the month of the delivery.

Article 8 (Quality Assurance and Term)

1. The free quality assurance period for “contractual products” is the defendant.

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