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(영문) 서울고등법원 2015.09.04 2014나60967
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On April 1, 2012, the Plaintiff entered into a contract with the Defendant to manufacture the above product and deliver it to the Plaintiff in accordance with the Plaintiff’s production instruction and processing manual, if the Plaintiff entrusted the processing service by supplying the Defendant with raw and secondary materials necessary for the processing of the laver, the laver, the laver, the laver, and the laver laver. The main contents of the instant case are as follows.

Article 1 (Purpose of Transaction) The defendant shall be entrusted with the processing of goods planned and developed by the plaintiff, and the defendant shall accept such entrustment and manufacture the goods in accordance with the plaintiff's production instruction and processing instruction, and deliver the goods to the plaintiff, and the plaintiff shall pay the processing fees for the goods.

Article 5 (Manufacture of Products)

1. The defendant shall cooperate to the maximum extent possible in the progress of technical guidance for employees and inspectors dispatched by the plaintiff in order to manufacture high-quality products by the plaintiff's production instruction and other instructions.

Article 13 (Compensation for Damages)

1. The defendant shall compensate the plaintiff for all damages where the plaintiff suffered damages due to the violation of the above contract, such as the quantity of the consigned goods stored, delay and default of the payment period, quality defects, packing failure, shortage in quantity, etc.

Article 17 (Cancellation and Termination of Contracts)

1. The plaintiff may terminate or rescind this contract and individual contracts without peremptory notice, when the defendant violated this contract or the agreement on individual transactions based thereon, or when the defendant was subject to provisional seizure, provisional disposition, seizure, etc. from a third party, or applied for reorganization, composition, bankruptcy, etc. from the defendant's own or another party, or when it is recognized that the plaintiff is difficult for the plaintiff to continue the contract due to changes in economic circumstances, changes in the defendant

2. Upon the occurrence of the reasons under the preceding paragraph, all obligations owed by the defendant to the plaintiff shall lose the benefit of time, and the defendant shall own the entrusted goods in custody of the plaintiff.

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