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(영문) 전주지방법원남원지원 2019.08.22 2018가합1016
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 cooperative established for the purpose of enhancing the agricultural productivity of its members and promoting the expansion of markets for agricultural products produced by its members and the activation of distribution sources, and the Defendant is a company that manufactures and sells food, functional health foods, etc.

B. On November 16, 2016, the Plaintiff entered into a product supply agreement with the Defendant and the Defendant on the content that he/she will supply approximately KRW 20,000 feet, approximately KRW 20,000,000 per set to the Plaintiff, “E 100ml”, “F 100ml” to the Plaintiff, and supply KRW 14,500 per set (excluding value-added tax).

On April 7, 2017, the Plaintiff and the Defendant revised the terms of the above product supply contract with the manufacture and supply of 80ml 27,000 ml 27,000 ml sl 80ml 25,00 ml sl sl sl 80ml 29,00 mn sl sl sl sl 80ml sl sl sl 80m sl sl sl sl sl sl sl s

(hereinafter referred to as “instant product supply contract”). C.

The Defendant manufactured and supplied all products such as the substantial amount of the molecule to the Plaintiff in accordance with the instant product supply contract.

(hereinafter referred to as the “instant product” and among them, the product of the Oral Contributory Amount is referred to as the “U.S. Product”). 【No dispute exists, the entry of Gap 1-4 evidence, and the purport of the entire pleadings.”

2. Summary of the cause of claim asserted by the plaintiff

A. The Defendant agreed to conclude a contract for the supply of the products of this case with the Plaintiff to supply the products that can be stored in the actual temperature with the Plaintiff.

However, even though the Plaintiff stored the products of this case in the actual temperature, there were manufacturing defects, such as 3,200 bits stored in some storages (the Plaintiff’s gold branch store, warehouse, and store store) of the Ouss products of this case.

The manufacturing cost of the OEM products of this case is KRW 29,580 per sets, and such manufacturing cost is the same.

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