(영문) 의정부지방법원 2015.06.04 2014가합4849

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(영문) 의정부지방법원 2015.06.04 2014가합4849

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 engaged in the purchase, processing, sale, etc. of agricultural, forest, livestock, livestock and marine products, and the defendant is engaged in the kimchi manufacturing business, etc.

B. On July 15, 2013, the Plaintiff entered into a contract for the supply of drillings (hereinafter “instant supply contract”) as follows, with the content that the Plaintiff would deliver drilling to the Defendant.

Article 2 (Purpose of Contract) The plaintiff shall deliver the goods specified in the contract smoothly, and the defendant shall pay the price therefor.

Article 3 (Supply of Goods)

1. The delivery schedule shall be from July 15, 2013 to July 14, 2014, and shall be automatically extended for one year, except in extenuating circumstances.

2. The Defendant shall notify the Plaintiff of the quantity and schedule of the goods to be supplied by the Borrower on every Saturday, and the place of the delivery of the goods shall be the Defendant’s factory, and the goods shall be supplied on the network with the consent of the Defendant when the circumstances are inadequate, and the goods shall be supplied in succession to the authorized measuring stations.

3. The quantity during the supply period may be increased or decreased by up to 10%. According to the increase or decrease in the kimchi contract, the defendant must immediately notify the plaintiff of the details of increase or decrease in quantity, the plaintiff must submit a copy of the dry field contract to the defendant, and the delivery schedule may be changed in agreement with the defendant when the working conditions such as the season are poor.

4. It shall be noted that the production has not broken down, and the plaintiff shall take such measures as purchasing the market at the time of the non-working failure and taking over the quantity of others to deliver it.

5. When the above goods violate the Standards or significantly fall in quality, the defendant may refuse to put them into storage, and may take them over by applying the reduction of quality when agreed;

Article 4 (Inspection)

1. To determine the reduction by 5% on the basis of a joint inspection by the delivery engineer and the inspector of the company;

2. The provisions 2-1. This provision shall apply to agricultural product specifications and lights.

2-2. At the time of growth, they must not be damaged and decomposed due to blight and harmful insects;

2-3.9

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