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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. On November 201, the Plaintiff, a corporation established for the purpose of manufacturing and selling motor vehicle parts, etc., from the Defendant, a second sub-contractor of Hyundai Motor Vehicle, began to listen to the development specifications of the DM-CAR model, supply the parts used in the automobile model at the development stage to the Defendant. On February 28, 2012, upon receipt of a written request from the Defendant for the development of the motor vehicle parts on the DM-CAR model, the Plaintiff continued to supply the parts to the Defendant on the basis of the written request for the development of the motor vehicle parts on the DM-CAR model from the Defendant (hereinafter “instant contract”).
(A) Evidence No. 1). (b)
With respect to the calculation of the unit price of the instant parts, the Plaintiff agreed to additionally pay the difference between the Defendant and the first sub-contractor Co., Ltd., which is the first sub-contractor that supplies the parts produced by the Defendant from the Plaintiff to the parts supplied by the Plaintiff at the time of the conclusion of the instant contract, and thus it is difficult to compute the unit price of the instant parts. As such, it is difficult to compute the accurate unit price of the instant parts. As such, once the Plaintiff submitted, 50% or 60% of the estimated price submitted by the Plaintiff should be supplied as the unit price, but if the agreed to later set unit price, the difference between the unit price and the unit price shall be calculated retroactively from the time of the commencement
A. (Evidence A. 17, 31)
On March 2012, the Plaintiff consulted with the Defendant on the unit price by sending the data set forth in the unit price of the instant parts to the Defendant. First of all, the Plaintiff supplied the instant parts with the price for the goods equivalent to the amount indicated in the unit price column in attached Form 2 in the calculation table of damages.
(A) No. 2-1, 2) d.
The plaintiff requested the defendant to agree a fixed unit price, but does not hear the answer from the defendant.