beta
Text
1. The plaintiff shall confirm the bankruptcy claim of SPP Co., Ltd. of KRW 9,164,969,615.
2...
Reasons
1. Basic facts
A. The Plaintiff is a company that engages in the manufacture and sale of electric wires for electricity and telecommunications and the distribution of sights, and SPP Co., Ltd. (hereinafter “SPP”) is a company that engages in the manufacture and sale of new materials and components.
B. In around the end of 2004, the Plaintiff entered into a supply contract with respect to synthetic resin materials used in the manufacture of optical fibres, and supplied nkt lus GmbH (hereinafter “NE”) with German optical cable manufacturing company, etc., by being supplied with synthetic resin clothing materials from the Round. The Plaintiff supplied nkt lus GmbH (hereinafter “NE”), etc.
C. On October 1, 2006, the Plaintiff drafted a basic contract for the purchase of synthetic resin goods with regard to the supply of clothing materials. On January 2, 2007, the Plaintiff drafted a quality assurance agreement, and on January 2, 2007, the parts relating to the instant case in the basic contract for the trade of goods and the quality assurance agreement are as follows.
(A) Article 15(1) of the Act provides that “A” and “B” shall make every effort to prevent any defect in the manufacture, processing, and repair of the goods ordered by “A” and shall fulfill all the obligations concerning product liability, even if the design or specifications specifications of the ordered goods were provided by “A”, they shall defend claims and lawsuits filed on the basis of damage caused by an accident alleged by the defect in the ordered goods and bear all the relevant expenses.
3) A and B mutually cooperate with each other in preventing claims and lawsuits under paragraph 2, and in establishing defense and countermeasures. [Quality Guarantee Agreement] Article 7 (Treatment of Customer Complaints and Product Liability] Section 7 (Quality Guarantee Agreement) Section B is defective in manufacturing, processing, and repairing goods ordered by A.