(영문) 울산지방법원 2014.12.17 2014가단4957

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(영문) 울산지방법원 2014.12.17 2014가단4957

임가공비

Text

1. The Defendant’s KRW 21,953,050 for the Plaintiff and 5% per annum from November 28, 2013 to December 17, 2014.

Reasons

1. Facts of recognition;

A. On December 31, 2012, the Plaintiff entered into a contract for the processing and supply of motor vehicle parts supplied by the Defendant as materials (hereinafter “instant contract for the processing”) (hereinafter “instant contract”). The agreement on the management of equipment and the occurrence of defective defects under the said contract is as follows.

-Article 12 (Management of Equipment, Facilities and Personnel):

1. In using the equipment management “Defendant”, the inspection and cleanliness shall be maintained at all times, and if there is any malfunction in the daily equipment inspection log, the equipment management should be recorded, and the equipment management should be immediately notified and taken.

- All equipment, including expendable tools, should be compensated for to the 'Plaintiff' in the event of the loss, intentional damage and breakdown of the 'Plaintiff'.

Article 14 (Failure of Quantities) The Plaintiff shall bear the full amount of damages incurred when the cause of the failure occurs to the Defendant, by identifying the cause of the failure, when the damage occurred to the Defendant due to the defective products produced and supplied by the Plaintiff, and by identifying the cause of the failure.

In addition, in addition to the frequency of the recurrence of the same product, the following amounts shall be deducted, including personal data in consideration of the frequency of the same product.

1) The same defect within three months: (a) duplicate each time of occurrence - product 】 5/2 duplicate - product quantity 】 amount 】 37,090,910 won, which deducts 24,513,050 won among the parts processed and supplied by the Plaintiff on December 27, 2013; (b) the Plaintiff and the Defendant agreed to terminate the instant discretionary processing contract as of November 30, 2013; and (c) the Defendant paid 37,09,910,000 won, which is deducted from the total amount of KRW 24,513,050 among the parts processed and supplied by the Plaintiff on November 27, 2013.

2. Determination

A. According to the above facts of recognition as to the cause of the claim, the defendant shall not be paid to the plaintiff unless there are special circumstances.

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