logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.12.02 2016가합74190
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 is a company that manufactures semiconductor chips by processing PS (Pattern Slapp), and supplies the semiconductor chips to the company that manufactures semiconductor chips, and the Defendant is a company that manufactures the SAW draft used on a mobile phone and sells it to a mobile phone manufacturer by manufacturing the surface chip (the surface chip removal part).

B. On September 10, 2015, the Defendant, upon receiving a request for the supply of SAW Ftilter from Samsung Industries, was to manufacture and process part of the goods in the form of outsourcing in order to meet its production. On September 10, 2015, when the Defendant supplied the Plaintiff with Wafer (raw materials; hereinafter “waferer”) between the Plaintiff and the Plaintiff, the Defendant entered into a discretionary processing contract to process and supply the goods meeting the specifications requested by the Defendant (hereinafter “instant contract”) (hereinafter “instant products”). The main contents are as follows.

Article 2 (Basic Principles) The plaintiff and the defendant shall enter into a contract fairly and on an equal footing with each other (hereinafter referred to as "individual contract") pursuant to this contract and individual annexed contracts under this contract, and shall perform the transaction in good faith in respect of mutual interests and in good faith.

Article 3 (Contents of Individual Contracts) An individual contract shall state in writing matters to be written by the Subcontract Act, such as consignment days and contents of the product, timing and place of delivery of the product, methods and timing of inspection of the product, subcontract consideration and the method and date of payment thereof, requirements, method and procedure for the adjustment of the unit price of delivery, etc.

Provided, That this provision shall not apply if the content thereof is in this contract.

Section 4 (Contract Term) This Agreement shall be from September 1, 2015 to October 31, 2015, and may be adjusted through mutual consultation.

Article 5 (Establishment of Contract) (1) In principle, this contract shall be concluded by the Plaintiff upon delivery of the order stating the particulars of Article 3 and acceptance by the Defendant. (2)

arrow