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(영문) 인천지방법원 2017.10.27 2014가합13026
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The Defendant (Counterclaim Plaintiff)’s rehabilitation debtor A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. A Co., Ltd. (former trade name: D; hereinafter “Plaintiff Co., Ltd.”) concluded a product supply contract with the Defendant, May 23, 2013, which produces and sells electromagnetic shielding parts, etc., and supplies E, etc. to the Defendant from May 23, 2013 to May 22, 2015 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

The above parties (the plaintiff company and the defendant) agree to continuously supply the products produced by the plaintiff company in the course of the defendant's business as follows.

Article 1 (Purpose of this Agreement) The purpose of this Agreement is to maximize the common interests of the Parties by providing for all matters necessary for the supply of products produced by the Plaintiff Company to FF Company G and other products E and other overseas enterprises, in which the Defendant is running its business, at the order of the Defendant.

Article 5 (Delivery and Inspection of Agreed Products) (3) The defendant shall conduct an inspection on the acquisition of the ordered goods on the basis of the transaction specifications issued by the plaintiff company prior to the delivery of the ordered goods, and shall, where the results of the inspection fall short of the quantity and the defective goods were generated, take measures to complete the supply of the defective quantity or the replacement of the fixed goods at the request of the defendant without delay.

Article 6 (Measures for Handling Defects in Quality of Products) (1) Where a problem is raised from the defendant's trading line due to the supply problems such as quality of the product, the defendant shall immediately notify the plaintiff company.

2. The Plaintiff Company shall immediately notify the Defendant of the causes and countermeasures for the inferior quality of the product in accordance with the form agreed to by both parties in the future, and shall improve the inferior quality in accordance with the terms of the causes and countermeasures for the inferior quality.

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