logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2018.05.16 2017나2022085
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 811,953,936 as well as to the plaintiff on February 2015.

Reasons

1. Facts of recognition;

A. The status of the parties is that the Plaintiff is engaged in manufacturing and selling internal combustion engines and their parts, transportation equipment, such as various construction machinery, and their parts manufacturing and selling business. The Defendant is a company that manufactures and sells automobile parts, and manufactures and sells general machinery and parts.

B. On September 23, 2013, the Plaintiff entered into a basic contract, etc. with the Defendant, and the Plaintiff entered into a standard subcontract for machinery type (hereinafter “basic contract”), which provides for basic matters in the transaction between the Plaintiff and the Defendant, and the Plaintiff entering into a contract for the manufacture, processing, and repair of materials, apparatus, goods, etc. related to the machinery type of business (hereinafter “basic contract”).

Article 3 (Basic Contract and Individual Contract) (1) Unless otherwise agreed, this Agreement shall also apply to an individual contract to be entered into separately from this Agreement, unless the Plaintiff and the Defendant have agreed to provide the basic matters for the transaction of manufacturing, etc. (subcontracts), and the Plaintiff and the Defendant shall comply with this Agreement and individual contract. Article 29 (Quality Guarantee) (1) The Defendant shall establish and operate an organic quality assurance system for the subject matter throughout all processes, such as planning, design, production, sale, etc., to ensure that the subject matter is consistent with the design or specifications designated under this Agreement and to ensure quality and reliability under this contract. However, the scope of the Defendant’s quality assurance is limited to the scope of the contract, and the buyer may not demand quality assurance for matters not specified in the contract. (2) The Plaintiff and the Defendant shall enter into a separate quality assurance agreement and promote the quality assurance activity under paragraph (1).

arrow