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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The outsourcing contract for the basic fact;
1. Details of outsourcing: D/H Speaker;
2. Period of contract: From November 29, 2012 to November 28, 2013 (one year, and automatic extension without a separate notice);
3. Amount: The amount shall be based on an individual contract per unit of quantity;
4. Terms and conditions of payment: Monthly payment (it may be changed according to the circumstances of the plaintiff);
6. Compensation for delay: When a delay in comparison with the Plaintiff’s production process occurs, the unit work shall be confiscated, and the relevant work cost shall not be paid (the cost of delay shall be considered as the cost of delay of payment, and the Plaintiff may claim additional compensation for delay).
On November 29, 2012, the Plaintiff entered into an outsourcing agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), and the main contents are as follows.
B. On the same day, the Plaintiff entered into a basic subcontract agreement with Defendant A, and its main contents are as follows: ① All contracts agreed upon by both parties, other than this basic contract, shall be “individual contracts”.
(2) The basic contract shall apply to each individual contract unless otherwise agreed that the basic matters concerning the shipbuilding contract between the plaintiff and the defendant have been prescribed.
Article 20 [Compensation for Delay] (1) If the defendant fails to deliver a product within the payment period, the plaintiff can deduct the plaintiff's damage caused by the delivery delay from the defendant's payment amount, and the plaintiff's interpretation shall govern the amount of damage.
(2) Where the delivery delay by the defendant is deemed to be caused by natural disasters, force majeure or other unavoidable causes, the whole or part of the penalty for delay may be exempted from the collection thereof.
③ If the delay in the payment period of the Defendant causes trouble to the Plaintiff’s fairness, the Plaintiff may separately claim against the Defendant for damages exceeding the compensation for delay, and the calculation of the claim amount shall be governed by Article 27 of this Agreement (Claims for Disaster and Damages).
(4) The date of application of liquidated damages shall be between the plaintiff and the defendant.