(영문) 인천지방법원 2019.08.30 2018가단213131

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Text

Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2019.08.30 2018가단213131

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Facts of recognition;

A. The pertinent Plaintiff is a corporation that carries on the business of manufacturing electronic components, wholesale and retail, etc., and the Defendant is a corporation that carries on the business of manufacturing electronic components and trade business.

The defendant is the primary partner who produces mobile phone earphones and ices entering the text from C, and the defendant is the secondary partner who supplies the plaintiff with the following earphones and ices as follows.

D D E

B. On August 29, 2014, the Plaintiff entered into a basic transaction agreement with the Defendant (hereinafter “instant basic transaction agreement”) with respect to the following terms and conditions.

Article 2 (Contents of Entrustment of Manufacture in Basic Contract)

1. The order quantity and the time limit for payment for the goods consigned to manufacture (or the "order") shall be stated in the order issued by the Defendant, all orders (including signboards, delivery instructions, etc.) shall be composed of a part of this Agreement, and matters not separately specified in the order shall be based on the basic contract, and if the matters set out in the order and in the basic contract are different from those set out in the order, the order shall be governed by the order.

2. In order for the Plaintiff to secure raw materials necessary for the manufacture of consigned goods in advance, the Defendant shall present an order plan to the Plaintiff taking into account the supply and demand of each raw materials to be used in the manufacture of consigned goods.

Provided, That the example does not take effect, and the defendant shall not be bound by the order.

3. It is difficult for the Plaintiff to supply the examples presented by the Defendant.

In the case of judgment, the plaintiff shall submit to the defendant a statement of reasons for the supply payment immediately after receipt of the quantity estimated, and shall devise measures under mutual agreement so as not to cause any impediment in the supply.

4. The order issued by the defendant is conducted on the basis of the order sheet issued by the customer, and the defendant shall not be held liable for the quantity outside the order sheet issued by the defendant to the plaintiff.

Article 7 (Payment Period) The payment period shall be the signboards of the order sheet.

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