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(영문) 인천지방법원 2017.12.14 2016나65308
물품대금등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of electric and electronic manufacturing business, and the defendant is a company established for the purpose of wholesale and retail business of home appliances.

B. On October 21, 2015, the Plaintiff entered into a contract with the Defendant for processing under which main parts supplied by the Defendant were assembled and processed, and then supplied them to the Defendant (hereinafter “instant contract”).

The main contents thereof are as follows:

Article 1 (Purpose of Contract) The purpose of this Agreement is to provide for all matters necessary for the manufacture of products by purchasing(s) or contracting materials approved by the defendant for the design and development of this Agreement.

Article 2 (Definition of Terms) The terms used in this Agreement shall have the following meanings:

1. The term “products” refers to products developed by the Defendant and manufactured by the Plaintiff (a stom-to-satis satis satis satis satis pin satis satis satis satis satis satis satis satis sat

3. The term “free private materials” means materials that the Plaintiff does not pay to the Defendant, among the private materials necessary for the Plaintiff’s production of the products.

5. The term "contract material" means the material that the plaintiff purchased directly from among the material necessary for the manufacture of the product by paying a monetary price.

Article 5 (Contract Materials)

1. The Plaintiff and the Defendant’s respective materials to be purchased shall be determined by both parties after consultation, and the Defendant shall provide the Plaintiff with the materials (BOM, etc.) for the materials required for the manufacture of the products.

2. The materials that the Plaintiff agreed to purchase pursuant to paragraph 1 must be directly purchased by the Plaintiff.

3. Contract material costs are also paid to the Plaintiff by the Defendant for contract material costs when the Defendant pays the basic assembly cost for contract processing.

Article 7 (Request for Issuance/Production)

1. Trades are issued in writing or online by the Defendant’s written order for production (written order for production) to the Plaintiff, and the Plaintiff’s consent thereto.

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