(영문) 인천지방법원 2017.06.08 2016가합50142

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(영문) 인천지방법원 2017.06.08 2016가합50142

양수금

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1. The Defendant’s KRW 206,825,542 as well as the Plaintiff’s annual rate of KRW 5% from January 21, 2016 to June 8, 2017.

Reasons

1. Facts of recognition;

A. On May 23, 2013, the Defendant entered into an ex officio processing contract with the Defendant, Inc., Ltd. (hereinafter referred to as the “Tech”), with the content that, if the Defendant entrusted the processing of the goods to the Tech, it would be manufactured and processed in accordance with the Defendant’s production instruction and processing instruction, and deliver the goods to the Defendant, and the Defendant would pay the processed goods to the Defendant (hereinafter referred to as the “instant contract”).

The main contents of the instant contract are as follows.

Article 4 (Reversion of Ownership) "B" confirms that the original and subsidiary materials and processed finished goods delivered by "A (Defendant)" are all owned by "A" and "B" are only stored for processing.

Article 5 [Safekeeping of Entrusted Articles]

1. “B” must keep and carry on the consignment delivered from “A” with the care of a good manager, and must attach a summary clear indication and sign that the consignment is owned by “A” in order to avoid confusion with others.

Article 12 【Damages】

1. “B” shall compensate “B” for any and all damages if the damage was incurred to “B” due to a breach of the foregoing contract, such as the quantity of the processed products stored, the due date for the payment of the products, the delay and default of the quality, the quantity in packing, the shortage in quantity, etc

2. If it is found that the preceding paragraph has been established after the delivery to “A”, and if a claim for damages, etc. has been made by “A”’s customer company, “B” shall compensate for all damages.

Provided, That in such cases, “B” shall bear the responsibility for damages, notwithstanding the notification body of “A”,

3.The term “B” means the finished product of “A” for the quantity that has been supplied falls short of the quantity ordered for manufacture without changing the required quantity agreed upon.

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