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(영문) 서울중앙지방법원 2014.08.13 2013가합35981 (1)
손해배상(기)
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The main office;

Reasons

1. Basic facts

A. The Defendant is a company that manufactures food drying, rice cooling, etc., and the Plaintiff is a company that manufactures the above products, such as the Defendant, etc., with the purpose of manufacturing and selling kitchen equipment, which supplies and installs goods from the manufacturing company that manufactures the above products in multi-family housing construction sites, etc.

B. On April 1, 2010, the Plaintiff entered into a product supply contract with the Defendant on the following (hereinafter “instant product supply contract”) while being supplied with a food drying machine and a rice cooling machine from around January 2010.

Article 2 (Types, Specificationss, and Quantity of Goods) Types and Specificationss of Goods may be adjusted under consultation between the plaintiff and the defendant.

Article 3 (Determination of Unit Price)

1. The unit price of the goods that the Defendant supplies to the Plaintiff shall be determined through mutual consultation.

(A) If a ground arises to adjust the unit price due to changes in the cost of goods, market conditions, etc., the plaintiff and the defendant may request the other party to adjust the unit price determined in the preceding paragraph, and shall modify the unit price by mutual agreement.

Article 4 (Payment Period)

3. The plaintiff shall notify the defendant of the order for the following month by no later than the 25th day of the next month, and shall provide the defendant with the estimated quantity for the next three months.

Article 7 (Compensation for Delayed Payment)

1. Where the defendant fails to deliver goods within the payment period under Article 5, the defendant shall compensate the plaintiff for damages equivalent to 3/100 of the price of goods per 1st day of delay from the following day of the payment to the date of actual delivery.

Article 14 (Term of Contract)

1. The term of this contract shall be one year from the date of the conclusion of the contract, and shall be automatically extended for one year unless there is a written notice from one contractor about the termination of the contract at least two months prior to the expiration of the contract, and shall also be equally applied thereafter.

2. Upon termination of the contract, the defendant's written summary

after termination of the contract in accordance with the agency.

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