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(영문) 서울중앙지방법원 2016.09.01 2012가합509089
손해배상(기)
Text

1. The Defendant’s KRW 37,219,581 as well as 6% per annum from April 12, 2012 to September 1, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s purpose is the manufacturing business of food and beverages, wholesale and retail business, etc., and the Defendant is the manufacturing and wholesale business of beverages, retail business, health food, health auxiliary food manufacturing and wholesale business, retail business, etc.

Article 1 [Purpose of Contract] The Defendant manufactures the goods specified in the annexed agreements attached to the Plaintiff (hereinafter referred to as “contractual goods”) and supplies them to the Plaintiff, and the Plaintiff purchases them from the Defendant and sells them at its own responsibility and charge.

Article 3 [Scope of Duties] (1) The defendant shall take charge of the manufacturing of goods and packaging of finished products and transportation by the plaintiff's order.

2. The Plaintiff shall develop products specified in the attached agreements and take charge of the distribution and sale of products manufactured and supplied by the Defendant.

However, the defendant shall cooperate to the maximum extent possible with the plaintiff's business and sales activities.

Article 4 [Raw Materials for Manufacture] The defendant shall procure raw materials necessary for the manufacture of contract products at his own expense.

Article 5 [Quality Control] (1) The defendant shall be responsible for quality control in all processes of manufacture, packing, and transport of contract products, and the plaintiff shall be responsible for other quality control in the distribution and storage after the receipt of contract products.

(2) The defendant shall make the contract products by himself/herself.

However, in extenuating circumstances, a third party may be allowed to manufacture all or part of a contract product with prior consent of the plaintiff.

Article 8 (Inspection and Inspection) (1) The plaintiff shall conduct a product inspection within seven days from the date of receipt of the contract product, and when the supplied contract product passes a product inspection, he/she shall notify the defendant of the examination.

(2) The method of inspection of products shall be determined by the method of inspection generally conducted in the same industry, unless both parties raise an objection separately from the Plaintiff and the Defendant.

③ There is a difference in the contents of the subsidiary agreement with respect to the variety, quantity, and specifications of a contract product.

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