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1. The Defendant’s KRW 958,489,620 for the Plaintiff and 6% per annum from October 31, 2018 to November 8, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company that manufactures, assembles, and sells electronic parts, and the Defendant is a company that carries on the business of assembling and testing semiconductors and delivering semiconductors upon receiving orders from customers.
B. From around 2012, the Plaintiff concluded a supply contract for semiconductor assembly goods with the content that the Plaintiff seeks to input equipment and human resources and to assemble and supply semiconductor goods that the Defendant received from the customer from the customer, and concluded a secondary contract five times thereafter. The final secondary contract concluded around August 2016, and the main contents of the contract are as follows.
(hereinafter referred to as “instant contract” (Evidence 1, 2, and 9). The contractual unit price for the change of the main agreed terms and conditions of the subsidiary contract (SUB-CONTRACT) 5: KRW 1.13/pos : the contract term of the case: the unit price for the item to be referred to as “SMT” is described as follows:
Turn Key Biz (operating and maintenance) 반도체 부품 표면실장 완성품 작업 Terms and Conditions-Loading ◆ Low-end, High-end Devices 구분 없이 EBR(Engineering Build Request, 기술개발을 위한 샘플)을 제외한 All mass production을 원고가 생산하며, 월 생산량은 월말 정산시 서로 확인 후 정산한다
(이러한 약정은 피고가 수주 물량 전체를 원고로부터 공급받기로 하는 계약으로 이하 ‘이 사건 전량공급약정’이라 한다). ◆ Volume Guarantee는 없으며, 추후 증감되는 Capacity에 대해서는 양사 협의 하에 장비, 인력 증감하여, Business scope를 조정해야 한다.
Provided, That this shall not affect the unit price.
C. In accordance with the instant contract and the supply agreement, the Plaintiff, from around 2012 to the Defendant’s workplace (designated by the Defendant), has invested the Plaintiff’s semiconductor equipment and human resources in the Defendant’s workplace, to the Defendant.