(영문) 부산지방법원 2018.11.14 2017가합43568

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Reasons

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크기(pt)

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자간(%)

(영문) 부산지방법원 2018.11.14 2017가합43568

손해배상(기)

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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Facts of recognition

A. On May 2016, the Plaintiff entered into the instant contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) (hereinafter “Defendant B”), ① organic waste treatment plant 100 km (E; hereinafter “instant treatment plant”), ② organic waste treatment plant 50 tons (hereinafter “instant plant”), and its main contents are as follows.

With respect to the food and the processing equipment using F (referred to as “instant micro-organism,” hereinafter) produced and supplied by the Plaintiff, the Plaintiff and Defendant B shall determine all the following matters, including the Plaintiff’s order for the main product and the production, supply, and follow-up management of the main product of Defendant B.

Article 2 (Manufacture, Supply, etc. of this Products) (1) In addition to the basic matters prescribed in this Agreement, the Plaintiff shall deliver to the Defendant B the specific specifications, quantity, unit price, date of supply, place of supply, etc. of this product, and the Defendant B shall comply therewith.

2) Defendant B shall independently supply and demand all the raw materials, etc. used in the manufacture of this product ordered and manufacture this product, and at the expense of Defendant B, install, supply, and manage this product in accordance with the order form, and resolve the complaints of the buyers of this product.

3. Defendant B covers the quality of this product.

4. Defendant B shall manufacture this product within the period specified in the order form and supply it to the designated place on the designated date.

(5) Defendant B shall bear all the expenses incurred in the supply, post management, etc. of this product.

6. When Defendant B supplies this product in accordance with the order form, he/she shall make sure that the inventor of the micro-organism used in the product is the Plaintiff.

To this end, Defendant B must state in the description of the appearance and use of this product the fact that the Plaintiff used the micro-organism.

Article 3. Delay of Supply.

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