logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.09.09 2013나2028160
손해배상(기)
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. On April 8, 2010, the Plaintiff and the Defendant entered into a basic contract for the supply of plastic bottles for consignment. The purpose of this contract is to comply with the provisions of Article 1 (Purpose of Contract) where B (referring to the Plaintiff; hereinafter the same shall apply) delivers plastic bottles for consignment to Party A (the Defendant; hereinafter the same shall apply) in accordance with the good faith and good faith principle.

Article 2 (Goods Specifications and Supply Unit Price)

1. Size: 28m;

2. Materials: PoE (Pool Ma); and

5. Unit price of supply: 9.0 won/per 9.0 (Additional Tax Map)

1. A shall be based on the monthly average of 10,000 supply contract quantities every month;

2.The supply quantity under the preceding paragraph may be adjusted by approximately 15 per cent depending on seasonal factors.

Article 4 (Term of Contract)

1. The term of the contract shall be from April 1, 2010 to March 31, 2011;

2.The extension of the contract period shall be agreed upon with the prior consent of Gap and Eul thirty (30) days before the expiration.

Provided, That if the contract term expires, it shall be automatically extended for one year under the same conditions.

3. With the prior consent of A and B, the termination of the contract may be terminated by giving written notice 60 days prior to the expiration of the contract.

Article 5 (Termination of Contract Terms and Compensation for Damages)

1. If Party A caused substantial damage to Party A by failing to complete delivery within the delivery period agreed between Party A and B without good cause, Party A may notify Party B of the termination of this Agreement.

2. At the time of claiming damages by A under the above paragraph 1 above, B shall actively cooperate, and the paid advance payment shall be repaid to A immediately.

3. If the contract is terminated by obvious mistake of Gap, Eul shall pay Eul the human resources, equipment, gold expenses, etc. invested to manufacture the goods under this contract.

Article 6 (Disposition and Delivery Method)

1. A shall place an order in writing in the month preceding the month in which the delivery plan quantity is to be carried out monthly.

arrow