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(영문) 부산지방법원서부지원 2019.10.23 2018가단111616
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 2, 12-1, and Eul evidence 1-5 and the whole purport of pleadings:

The plaintiff is a company established for the purpose of the business of manufacturing sports clothes, shoess, and ancillary goods, and the defendant is a person who engages in the business of manufacturing new products, etc. under the trade name of "C".

B. On April 12, 2017, the Plaintiff entered into a contract for the manufacture and supply of solars (inslele and insles) with the Defendant (hereinafter “instant supply contract”) (hereinafter “instant supply contract”). The main contents are as follows.

Article 1 (Purpose) of the Framework Agreement on the Supply of Goods (The Product) The purpose of this Agreement is to determine the basic matters concerning the transaction in which “B” manufactures and supplies “B” to “B” after completing the goods entrusted by “B” to “B” and to seek common interests in good faith.

Article 2 (Scope of Application and Definition of Terms) (5) The terms of this Agreement shall be defined as follows:

1. Products: “A” means solitary products that “B” entrusts “B” with the manufacture and delivery thereof;

2. Individual contracts: Contracts in which specific matters for the purposes of this contract are stated, such as product description, quantity, unit price, payment period, time of inspection and methods, and payment of prices, and shall also be deemed as part of individual contracts, such as a written order, work order, cost description sheet, etc. delivered by either party to the other party

Article 3 (Individual Contracts) (1) An individual contract shall be concluded by the parties to the contract with their written signatures or seals.

(2) An order, work instruction, sampling, etc. issued or provided by a party to the other party shall be deemed approved if no objection is raised within ten business days from the date of receipt by the other party.

Article 4 (Sashing of Products and Raw Materials) (1) The specifications of products shall be based on individual contracts, orders, work support documents, etc. presented by A.

(2)

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