(영문) 인천지방법원부천지원 2017.06.08 2014가단44132

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2017.06.08 2014가단44132

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company aimed at manufacturing functional food and wholesale or retailing, etc., and the defendant is a company that aims at manufacturing functional food.

B. On March 6, 2013, the Plaintiff requested for the supply of calcium and non-calcium products to be exported to Vietnam from Narate Co., Ltd., and entered into a production transaction agreement on the consignment production of red calcium 3,000 disease (hereinafter “instant calcium products”) and red calcium 3,000 disease (hereinafter “instant calcium products”) which are non-calcium products, and the following parts of the terms of the instant contract are as follows.

Article 2 (Contract Products)

2. The name of the product, packaging units, product specifications, raw material distribution ratio, packing methods, etc. shall be provided for in the separate agreement.

Article 6 (Liability for Examination of Products and Defects)

1. The term "B" (the defendant, hereinafter the same shall apply) shall conduct self-market inspections by Lot, and shall request the "A" (the plaintiff and the same shall apply hereinafter) to conduct product inspections by submitting an inspection report in accordance with the form that has been consulted before the delivery of the product;

2. “A” shall, at the time of a request for product inspection, confirm the quantity and defects of the product and notify “B” of the results thereof.

3. “B” shall exchange the goods prior to the delivery with the pass-up goods notified of the nonconformity determination from “A”, and if the cause of the nonconformity lies in “B”, “B” shall be liable.

In addition, the causes analysis and countermeasures against them should be notified to "A".

4. "B" is responsible for the manufacturing problem within the distribution period, and "A" is responsible for the distribution process and storage of products after delivery when there occurs a problem in the distribution process and storage of the products.

5. When a contract product is requested to return “A” as a manufacturing issue, “B” must comply promptly.

C. The defendant

유사 판례

-인천지방법원 2013.01.08 2010가합16782

-서울고등법원 2014.05.16 2013나12145

-서울동부지방법원 2020.09.18 2020나22799

-인천지방법원 부천지원 2018.12.21 2018가합103258

-서울중앙지방법원 2017.10.27 2016가단5213537