(영문) 수원지방법원안산지원 2014.12.23 2014가단29872

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(영문) 수원지방법원안산지원 2014.12.23 2014가단29872

손해배상

Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On April 3, 2008, the Plaintiff entered into a basic supply contract (hereinafter “instant contract”) with the Defendant to supply goods, such as the Switzerland and co-days, and the main contents thereof are as follows.

Article 2 (Basic Contract and Individual Contract) This Basic Contract (hereinafter referred to as "Contract")

) Unless otherwise agreed that Party A (Defendant) and Party B (Plaintiffs) have set forth the basic terms for the manufacture subcontracting contract, the individual contract shall be referred to as “individual contract”.

section 3 (Details of Individual Contracts). A and B shall comply with this contract and individual contracts.

1. The date of ordering, name of the ordered item, quantity, unit price, payment period, place of delivery, method and time of delivery, and other terms and conditions of the ordering, shall be specified in each contract;

2. Notwithstanding the provisions of the preceding paragraph, part of the terms and conditions of an individual contract may be determined in advance through consultation with Gap and Eul.

Article 4 (Conclusion of Individual Contracts)

1. An individual contract shall be concluded when A delivers an order stating the details of transactions provided for in Article 3 and B accepts it;

Provided, That if a Party B wishes to refuse to accept an order, it shall express his/her intention of refusal within three days from the date of receipt of the order by Party A, and if he/she fails to express his/her intention of refusal within this period, the contract shall be deemed concluded.

2. A may place an order without specifying the time limit for payment if it is impossible to specify the items ordered in the order form due to the subdivision of the time limit for payment. In such cases, an individual contract shall be formed by delivering to B the supply schedule table in which the name, quantity, payment period, place of payment, etc. of A is entered.

Article 41 (Objection and Settlement of Disputes)

1.A and B shall, in the event of disagreements in the interpretation of this Agreement and its incidental agreements, be deemed to be in accordance with commercial customs, and thereafter, shall be resolved through mutual consultation if they are not so settled.

2.With respect to paragraph 1,

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