(영문) 수원지방법원성남지원 2017.06.09 2016가합1034

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(영문) 수원지방법원성남지원 2017.06.09 2016가합1034

손해배상(기)

Text

1. The Defendants jointly share KRW 40,000,000 with the Plaintiff as well as 5% per annum from June 17, 2016 to June 9, 2017.

Reasons

1. Facts of recognition;

A. The Defendants as the parties are those who produce and sell water collisions, etc. with the trade name of “D,” and the Plaintiff is those who supplied water dusts produced by the Defendants (hereinafter “water dusts”) and sold them to consumers.

B. On May 8, 2015, the Plaintiff and the Defendants entered into a contract for the production and supply of water shoot (hereinafter “instant contract for the production and supply of water”), and its main contents are as follows.

Article 1 (Purpose of Contract) of the Product OEM Agreement (Purpose of Contract) The Plaintiff provides the Defendants with the amount of yarns necessary to manufacture physical matters, such as material, size, design, and packing method of this Agreement, and the Defendants supply the physical matters produced according to the specifications to the Plaintiff.

Article 13 (Quality Control) (1) The Defendants shall observe the relevant Acts and subordinate statutes and the Enforcement Rules, and produce and supply the highest water issues in good quality, such as factory management, products, personal hygiene of employees, etc.

(2) (2) The Defendants shall ensure that the contract items ordered by the Plaintiff do not cause any defect under Article 2 of the Product Liability Act.

section 16 (Compensation for Damages) In the event of a breach of this Agreement, the person causing the damage to the damaged part shall compensate for the amount equivalent to the amount of the damage, and in the event that there are provisions of compensation, etc. set forth in separate provisions of this Agreement, the liability of compensation and the individual liability of compensation under this Article shall have effect, independent of each other.

Article 17 (Liability for Warranty) The Defendants are liable for any defect in products due to their own fault, and the defective products shall be manufactured and supplied again according to the direction of the Plaintiff.

The Defendants shall fully bear the costs incurred under the re-production.

Article 18 (Liability for Manufacturing) The Defendants supplied to the Plaintiff, due to the water collision or in relation thereto.

참조조문

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