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(영문) 수원지방법원 2017.06.20 2016가합80393
손해배상(기)
Text

1. The Plaintiff:

A. The Defendant Nurisoice Co., Ltd.: KRW 394,303,318 and its amount from August 8, 2016 to June 20, 2017.

Reasons

1. Basic facts

A. In the event that the Plaintiff and Samsung wellston Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) ordered various food materials for one year between the Nonindicted Co., Ltd. from around 2007 to the Nonparty Co., Ltd. for each item, the Plaintiff entered into a contract for food materials supply (hereinafter “instant supply contract”) with the content that the Plaintiff supplied them to the Nonparty Co., Ltd. and received after settling accounts for the subsequent prices.

(2) According to the supply contract of this case, the Plaintiff concluded a supply contract of this case with the non-party company every year and renewed the supply contract of this case with the same content as the non-party company. (2) According to the supply contract of this case, the non-party company is entitled to terminate the supply contract of this case where the Plaintiff falls under the grounds for transaction discontinuance pursuant to the non-party company’s “the criteria for the medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium medium enterprise” attached to the supply

According to the above non-party company's "Standards for Panel Related to Heavy Crecont", where one of the important reasons for lack occurs with respect to food materials supplied, "in the event of omission or omission of labelling items", which is one of the reasons for non-party company's failure, the suspension of the supply of goods (the relevant net and first net period), the suspension of transaction at the time of the second violation (six months later), and the suspension of transaction at the time of the third violation (after one year).

B. Under the instant supply contract, the Plaintiff was notified of the following points: (a) the period for the distribution of food materials supplied by the non-party company is not indicated, or the description of imported food materials is not indicated in Korean. (b) As such, the Plaintiff was determined on August 7, 2015 between the Defendant Nuriow and the period from August 7, 2015 to August 7, 2016 by the Defendant Nuriow as an agent for the supply of food materials under the instant supply contract to the non-party company.

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