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(영문) 광주지방법원 2016.10.14 2015가단9603
약정금 등
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendant is a company that manufactures and supplies ice products after being entrusted with the manufacture of ice water purifier products by a Kuelectronic Co., Ltd. (hereinafter referred to as “ Kucelectronic”), and the Plaintiff is a company that develops and manufactures ice KIT, the core components of ice water purifier.

B. On June 10, 2013, the Plaintiff entered into a “basic contract for material transactions” with the Defendant to supply ice-purification machine materials, such as ice KIT produced by the Plaintiff. As a result, the Plaintiff entered into a subsidiary contract with the terms “quality payment guarantee contract,” “supply quantity guarantee contract,” “service supply guarantee contract,” and “damage compensation contract,” respectively.

(A) Evidence No. 1 (c)

The main contents of the "basic contract for material transactions" and "contract for the guarantee of quality payment guarantee" and "contract for the compensation for damage from clean damage" are as follows:

Article 2 (Individual Contracts) (1) of the Basic Contract for Materials Transactions is established when the defendant delivers to the plaintiff an order (including electronic documents) stating the specific details of the contract.

Article 8 (1) (1) The defendant shall conduct inspections whenever it delivers the plaintiff's object.

Criteria, methods, etc. for inspection shall be determined by the defendant.

(4) If the defendant finds any defect in quality with respect to the object supplied by the plaintiff, regardless of whether it is inspected, it shall be treated as deducting from the quantity stated in the receipt as referred to in paragraph (3) by notifying the plaintiff.

The plaintiff shall be liable for all damages, regardless of the period, for defects in the goods supplied by the plaintiff itself or those caused by the supply of the goods that do not conform to the specifications of the goods requested by the defendant.

(5) Even though the result of the import inspection under Paragraph (1) has passed, the Defendant is obliged to bear all the costs incurred in the event of creating obstacles to manufacturing activities or in the event of a clean-out or service.

§ 13 (Offset).

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