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(영문) 부산지방법원 2015.07.16 2014가합16893
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. The plaintiff is a juristic person whose principal purpose is the surface manufacturing business (gold), etc., and the defendant is a juristic person whose main purpose is the manufacturing business of electrical and electronic motor vehicle parts.

B. On January 4, 2013, the Plaintiff and the Defendant entered into a basic contract (Evidence A 3, hereinafter “instant basic contract”) and the main contents are as follows.

Article 2 (Basic Contracts and Individual Contracts)

1. Unless otherwise agreed by the plaintiff and the defendant that the basic contract set forth the basic terms for the manufacture subcontract of materials between the plaintiff and the defendant, this contract shall also apply to individual contracts (individual contracts). The plaintiff and the defendant shall comply with this contract and individual contracts.

Article 7 (Payment of Urgency)

1. The plaintiff may pay materials, parts, semi-finished products, etc. used for the production of materials in consultation with the defendant, where the maintenance, improvement, enhancement of productivity or safety level, observance of relevant Acts and subordinate statutes, or where justifiable grounds exist.

2. Whether urgency exists, the name, quantity, date and place of provision or payment, price, method and date of payment thereof, and other matters shall be determined by mutual agreement.

3. The defendant shall promptly inspect the case of receiving a letter of apology from the plaintiff. If there is any defect in the quality, quantity, etc., the defendant shall immediately notify the plaintiff thereof, and shall process it through mutual consultation.

The same shall apply to cases of receiving directly from a supplier determined by the Plaintiff.

4. The defendant shall comply with the plaintiff's request for the treatment of remaining materials, scrap, etc. when he/she receives the scrap free of charge, and shall take measures in consultation with the plaintiff when expenses are incurred in disposing of the scrap.

5. The defendant shall promptly notify the plaintiff of the failure to pay compensation when the plaintiff caused the failure to pay the processed materials, or when the failure to pay the ordered materials occurs due to the plaintiff's urgency, and the plaintiff shall be liable to pay compensation for the failure.

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