(영문) 서울중앙지방법원 2019.10.08 2019가단5040297

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(영문) 서울중앙지방법원 2019.10.08 2019가단5040297

물품대금

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1. The Defendant’s KRW 75,020,00 for the Plaintiff and 6% per annum from October 18, 2018 to June 17, 2019.

Reasons

1. Facts of recognition;

A. On March 12, 2018, the Plaintiff entered into an OEM contract with the Defendant and the Defendant entered into an OEM supply contract (hereinafter “instant contract”) with the Defendant to deliver the valve parts or industrial machinery parts to the places designated by the Defendant after manufacturing according to the specifications presented by the Defendant and attaching the trademark designated by the Defendant. The main contents are as follows.

Section 1 (Definitions) The term "products" in this Agreement means products made by Party A (referring to the Defendant; hereinafter the same shall apply) based on the specifications written by Party B (referring to the Plaintiff; hereinafter the same shall apply) with the consent of Party B (referring to the Plaintiff; hereinafter the same shall apply) with a meritorious machine valves or industrial machinery parts sold by Party A to the consumers.

Article 3(Sayang) ① The specifications of this product shall be prepared by A after obtaining prior consent from B, and the A shall deliver the specifications to B.

2. Where any change has occurred in the specifications of this product, A may change the quantity of the product after consultation with B.

Article 5 (Payment) (1) B shall deliver this product entrusted by A to a place designated by A on the designated date for Party A.

Article 7 (Guarantee) (1) A provides a sufficient review of this product to be supplied to A based on the specifications prescribed in Article 3 and guarantees that there is no defect.

(2) If a product supplied by a Party A is found to have failed to pass a product inspection under Article 3 immediately after the product was supplied by the Party B, the Party A may immediately demand the Party B to supply the substitute product and claim damages incurred therefrom.

(3) When any defect is discovered in this product within one year after the product inspection under the preceding paragraph, Eul shall comply with the repair of the defect, the return of the price for the defect, other instructions given by Gap, and compensate for the loss suffered by Gap due to the defect.

Provided, That if the defect is not the responsibility of B, it shall not be limited.

(b).

유사 판례

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