(영문) 청주지방법원 2019.05.31 2018가합2025

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(영문) 청주지방법원 2019.05.31 2018가합2025

손해배상(기)

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1. The Defendant’s KRW 175,458,485 as well as the Plaintiff’s annual rate of 5% from January 13, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. On June 21, 2016, the Plaintiff and the Defendant concluded a commodity supply contract with the following content on functional health foods (hereinafter “instant contract”).

(‘A’ means the Plaintiff, and “B” means the Defendant). In the event that Party A entrusts Party B with the manufacture of the product, this Agreement aims at the production of the product in accordance with the design specifications designated by Party B, and Party A, in order to establish a fair trade order in which Party A pays the purchase price of the product to Party B, the purpose of this Agreement is to stipulate general matters concerning the supply of the product and to faithfully carry out the contract with Party B.

Article 11 (Compensation for Damages) The purpose of Article 11 (Compensation for Damages) A and B is to clarify the responsibilities for cleanliness between customers using products and B, and B shall be to set up an order in which the amount of damages is paid to A, to minimize the loss of opportunities due to products and clean dusts, to promote mutual benefits with A and B, and the scope of application shall apply to all products (goods and products) supplied by B.

The details of this shall be governed by the individual agreement in [Attachment 1].

[Attachment 1] An Agreement on Compensation for Damages

1. A or B shall compensate for any loss incurred to the other party by failing to perform his/her duties under this contract or individual agreements with respect to the cause attributable thereto;

2. A shall determine the amount equivalent to the amount of damage (product price, delivery cost, operating loss, etc.) incurred due to reasons attributable to B under this Agreement in consultation with B in accordance with the mutual trust and good faith principle between A and B, and A may offset the determined amount of compensation by the amount of compensation for supply to B.

3. The amount to be borne by the expenses for Party A in the event of a cleanlines due to the return of Party B shall be the sum of the following amounts:

(1) Company human resources shall be settled in order to resolve the bankruptcy.

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