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(영문) 수원지방법원평택지원 2020.07.09 2019가합14600
손해배상(기)
Text

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

(b) Costs of lawsuit;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Defendant is a company that runs the pipe manufacturing business, pipe processing business, etc.

B. On June 1, 2019 and June 25, 2019 (Plaintiff C, June 25, 2019; and the rest of the Plaintiffs June 1, 2019), the Plaintiffs and the Defendant concluded a contract on the entrustment of the business of manufacturing and treating pipelines to the Plaintiffs.

(hereinafter referred to as “each of the instant entrustment contracts”). The parts related to each of the instant entrustment contracts are as follows.

Business Trust Contract Statement

Ⅱ The purpose of Article 1 (Purpose of Contract) of the Terms and Conditions of Contract is to provide for all matters necessary for the Defendant to request the Plaintiffs to produce and contact general pipelines.

Article 2 (Period of Contract) The period of entrustment shall be from June 1, 2019 to May 31, 2020.

Article 3 (Details and Place of Business Entrustment) The defendant's entrusted duties: The details of the plaintiffs' duties to manufacture general pipelines: The place and method of quality packing of cut seals: The plaintiffs shall perform their duties within the defendant's place of business, and the equipment for performing their duties shall be leased to the defendant.

Article 4 (Terms and Conditions of Contracts) The unit price for the production of general pipelines shall be 5,000 won/inch (excluding value-added tax).

- Section 5 (Entrustment Price) (1) The defendant shall settle and pay the consignment fee to the plaintiffs at the unit price set forth in the terms of the contract under Article 4.

- omitted-Article 11 (Liability for Damages) 8 The defendant is liable for damages suitable for the plaintiffs when the defendant instructs the plaintiffs to conduct a business that is unfair or contrary to social norms, or when the contract is terminated by using the law.

Article 13 (Termination of Contracts) (1) The defendant may terminate this contract without the maximum period of time when any of the following grounds arises:

When the contract term expires;

6. Where it is no longer necessary to entrust its business due to the closure of its business place, change of its business contents, etc.

7. Other.

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