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(영문) 대구고등법원 2018.05.30 2017나23715
물품대금
Text

1. Of the judgment of the first instance, including the Plaintiff (Counterclaim Defendant)’s principal claim that was reduced or added by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a person engaged in printing and stuffing business, etc. with the trade name called “B” in the Daegu-gu Seo-gu H, and the Defendant is a company that manufactures and sells motor vehicle parts in the outer and outer return dong.

B. From around 2006, the Plaintiff entered into a supply contract with the Defendant for the boxes, etc. for packaging of the strawer produced by the Defendant (hereinafter “instant supply contract”) through D with the Plaintiff’s wife’s representative, and supplied the Defendant with the lower court the lower court’s bottom of the general strings, general strings, cards, strings, plugs, and plugs. From 2010, from around 2010, the Plaintiff succeeded to the contractual relationship with the Defendant and directly transacted with the Defendant.

C. The main contents of the contract for the supply of parts concerning the instant supply contract prepared on January 2, 2010 between the Plaintiff and the Defendant in the name of D are as follows.

Order 1) An order for part supply contract: A(Defendant) shall issue an order stating the name, quantity, unit price, payment period, quantity, place of payment, etc. and notify “B”(D). 2) Payment: “B” shall pay to “A” after the manufacture based on the contents of the order notified by “A”.

Article 5 Quality Guarantee and Creat 1: “B” shall meet the quality level required by “A” and shall be paid in accordance with the inspection standards by LOT. 2) The Creat: When the parts paid by “B” are found to be inappropriate at the time of import inspection by “A”, appropriate measures, such as returning or screening shall be taken, and when the discovery of inappropriate parts is made at the time of Ramerat, “B” shall be accepted after agreement.

Article 6. Formation and Effective Period of the Contract. 1. This Contract shall be effective.

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