(영문) 부산지방법원 2017.09.20 2016가합51937

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자간(%)

(영문) 부산지방법원 2017.09.20 2016가합51937

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The plaintiff operates the wholesale and retail store dealing with daily miscellaneous work, such as clocking day, with the trade name "D" in Busan Dong-gu, and the defendant manufactures and sells clocking day, etc. in the trade name "F" in Daejeon Dong-gu, Daejeon.

On June 23, 2015, the Plaintiff entered into a contract with the Defendant for purchase and supply of OEM (UEM) with the following terms (hereinafter “instant supply contract”), and was supplied by the Defendant with Aluminium coding day (hereinafter “instant product”).

A (OEM buyer) A (OEM buyer) purchase and supply contract: The plaintiff (D) B: the defendant (F)

1. Items (1) Item A’s self-sale products and (PB) Home Ppller trademark attachment products are referred to as “A”’s products for which Party A entrusts production to Party B;

(A) The contract period and the delivery date (1) contract period shall be three years, and the contract period shall be extended by mutual agreement, and the contract period shall be extended automatically unless prior notice is given one month prior to the expiration of the contract period.

3.(1) The raw materials of Aluminium shall be limited to products with the approval of the Korea Food and Drug Administration of the United States, and other subsidiary materials shall be limited to ordinary products not harmful to the packaging of food.

4.The costs of the delivery and approval (1) of the goods and the cost of raw materials (stuffs, cases, page films and seals) shall be paid in advance by Party A to Party B, and these costs shall be deducted upon delivery by Party B to Party B.

(2) The cost of delivery shall be borne by B, and the distance from the particular area (e.g., Jeju-do or the place where the air carrier is to be used) shall be borne by A.

(3) The approval of the price shall be made in cash on the day of the entry of the product into the place designated by Eul.

5.(1)The price of the product shall be determined in accordance with the changes in international raw materials, but the price shall not be increased or decreased in width.

(2) Adjusting 30 days before the change in the supply price occurs.

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