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(영문) 서울남부지방법원 2018.10.12 2017가합101394
부품대금 등 청구의 소
Text

1. The Defendant’s KRW 545,601,077 as well as the Plaintiff’s annual rate from February 24, 2017 to October 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that engages in the manufacturing business of Aluminium, the refining business of Aluminium, and the business of manufacturing automobile parts. The Defendant is a corporation that engages in the specialized manufacturing business of automobile parts, the business of manufacturing and selling industrial machinery, etc.

B. The Plaintiff entered into a contract with the Defendant for the supply of parts as indicated below (hereinafter “the instant basic contract”), each of the following specifications (hereinafter “the instant contract,” “quality assurance agreement,” and “the instant compensation agreement”), and agreed to supply the Defendant with the Oral Packer LR and the Oral Packer TR (hereinafter “instant parts”). When processing the instant parts necessary for the manufacture of the instant parts, the Plaintiff manufactured and supplied the instant parts to the Defendant by fixing the blades by fixing the parts to a certain place, and using the devices, such as the equipment, products washing, trist gas, air, etc. from March 2011 to January 2016, 201.

Article 8 (Development of Parts) (1) When a plaintiff is requested to develop a part, he/she shall submit a written estimate and a development plan stating the required expenses to the defendant.

In such cases, the defendant may supplement or adjust the contents thereof in consultation with the plaintiff.

② When the Defendant requested the development of parts to the Plaintiff, the Defendant shall present the part procurement plan to the Plaintiff in advance, and shall not suspend the supply of the parts from the Plaintiff without any special reason.

④ Upon receipt of a request from the Defendant for production of gold paper for the development of parts, the Plaintiff shall produce gold paper at the expense of the Defendant or the Plaintiff, submit adequate samples to the Defendant for the approval of a gold paper, and obtain the Defendant’s approval of the sample sample submitted.

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