(영문) 서울중앙지방법원 2021.02.18 2019가합532316

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2021.02.18 2019가합532316

손해배상 등 청구의 소

Text

1. The Defendant: 6% per annum from April 30, 2019 to May 30, 2019 and May 31, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The status of the party (1) The Plaintiff is a company that manufactures, sells, etc. various different types of typical fish.

(2) The Defendant, as a company running various kinds of rubber and special rubber products manufacture, processing, and consignment sales business, was entrusted by the Plaintiff with the manufacture, etc. of rubber products as follows.

(b) the supply of raw materials Article 3 of the Conclusion of a basic contract and an agreement for supply of raw materials.

1. The plaintiff shall supply the raw materials for the manufactured product to the defendant, and the supply of raw materials shall be in accordance with the "Agreement on Supply of Raw Materials" signed and sealed by both parties, and shall be accompanied by this Agreement and shall form part of the contract.

3. The Defendant applied the manufacturing percentage of 99.3% to the manufacture of the product and recognized 0.7% of the raw materials at the manufacturing law’s expense and paid the Plaintiff to the Defendant separate from the product price. The method of settlement shall be subject to consultation between the two companies.

The rate of manufacturing water shall be confirmed by the plaintiff and the defendant every month, and the law rate shall be less than 0.7%, the application of the manufacturing water rate may be modified every quarter.

(1) On June 15, 2015, the Plaintiff entered into a basic contract with the Defendant to entrust the manufacture of CBF/M rubber and its accompanying packing, storage, transport, etc. (hereinafter “instant basic contract”) with the manufacture of CBF/M rubber from June 15, 2015 to June 14, 2018 (see, e.g., evidence A). The main contents of the instant basic contract are as follows.

Article 3 Inventorying

1. The defendant is fully responsible for the management and custody of the raw materials received from the plaintiff.

2. As of the end of each month, the Defendant shall notify the Plaintiff of its inventory and status.

3. The plaintiff may visit the defendant's factory for an audit of inventory of raw materials every month, and if it is determined that the inventory audit is necessary, an inventory audit may be conducted from time to time.

4. If the Plaintiff wishes to conduct a regular or occasional audit pursuant to the preceding paragraph, the Defendant shall be the Plaintiff.

유사 판례

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-수원지방법원 2020.11.26 2020가단553457

-서울남부지방법원 2017.07.21 2015가합109066

-대전지방법원천안지원 2020.10.16 2019가합480