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(영문) 울산지방법원 2017.11.30 2015가합22935
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 62,107,50 to the Plaintiff (Counterclaim Defendant) and its related amount from June 22, 2017 to November 30, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a company that manufactures and sells precision processed products, and the Defendant is a company that manufactures and sells electrical appliances.

B. On July 26, 2011, the Plaintiff entered into a basic contract and a gold-type individual contract (hereinafter “instant basic contract”) with the Defendant on the commission and supply of goods, inspection, and service (hereinafter “instant basic contract”).

(2) If the Plaintiff fails to present in writing an objection to the payment period within five days from the date of receipt of the Defendant’s order, the payment period shall be the date designated by the Defendant. However, if the Plaintiff presents in writing an objection to the payment period within five days from the date of receipt of the Defendant’s order, the payment period shall be the date recognized by the Defendant. Article 11 (Change of Payment Period) The Plaintiff shall immediately notify the Defendant of the cause and the date of alteration that cannot be delivered within the payment period under Article 10, and consult with the Defendant. However, if the Defendant deems that the delay does not seriously hinder the payment period, the implementation of the payment period may be postponed.

1. Quality incident;

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