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(영문) 서울서부지방법원 2016.06.02 2015가합31865
손해배상(기)
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 (the trade name before the change: the upper fiber Textiles Co., Ltd.) is a company that engages in wholesale and retail business of textile products and subsidiary materials for clothing, and the defendant is a company that manufactures textile products and sells textile products.

B. Around July 1997, the Plaintiff entered into a basic contract with the Defendant to supply the subsidiary materials for the clothing that the Defendant requested to purchase, and supplied the subsidiary materials for the clothing to the Defendant.

Afterwards, the plaintiff and the defendant concluded a basic contract for the supply of subsidiary materials (hereinafter referred to as the "basic contract of this case") with the following contents around April 24, 2007 in the course of renewed and trading the above contract, and Article 1 (Purpose of Contract) of the Basic Contract for the Supply of Incidental Materials (hereinafter referred to as the "basic contract of this case") of this contract regulates matters relating to the supply of subsidiary materials necessary for the manufacture of clothing-related goods to the defendant and the payment to the defendant for the goods supplied to the plaintiff.

Section 2 (Conditions of Transaction) This Agreement determines the basic terms and conditions of transaction for the delivery of goods to the Defendant by the Plaintiff, and the detailed items, quantities, quality, and other conditions of each CASE shall be governed by the written request for purchase by the separate Defendant.

Article 3 (Approval of Samples) The plaintiff shall present a sample to the defendant before manufacturing the product, and obtain approval from the defendant.

Provided, That this shall not apply where a repeated order for items for which approval has been obtained is issued.

Article 4 (Determination of Price of Goods)

1. The plaintiff shall submit to the defendant a written estimate and a sample sample stating detailed prices for each area of the goods in accordance with the purchase request requested by the defendant.

2. The Defendant, based on the quotation submitted by the Plaintiff, shall determine the unit price through mutual consultation on the line in which the adequate profit is guaranteed by jointly calculating the cost with the Plaintiff.

Article 12 (Validity Term)

1. The term of validity of this Agreement shall be one year from the date of the contract, and shall continue when the defendant or the plaintiff has no objection.

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