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1. The defendant (Counterclaim plaintiff) shall deliver to the plaintiff (Counterclaim defendant) the gold form listed in the separate sheet No. 1.
2...
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. The Plaintiff (formerly: Hansan Co., Ltd.) is a company that supplies automobile parts to the Korea M&D Co., Ltd. (hereinafter “KoreaM”).
In around 2010, the Plaintiff leased the automobile parts manufactured by the Plaintiff to the Defendant, and the Defendant concluded a contract for the supply of parts containing the following contents, using the above gold-type to manufacture and supply part of the automobile parts to be supplied to the NA to the Plaintiff.
(hereinafter “instant supply contract”). Article 1 / [Purpose] The Defendant agrees to manufacture and deliver parts to the Plaintiff, and the Plaintiff promises to pay the price to the Defendant.
Article 16 [Termination due to Violation or Non-performance, Sale of Asset or Change in Management Right]
1. If the defendant falls under any of the following, the plaintiff may terminate the whole or part of this contract without responsibility for the defendant:
(1) Where the terms and conditions of this Agreement, including the Defendant’s guarantee, are violated or refused to supply parts as determined by the Plaintiff, or where (2) the parts or services are unable to be appropriately completed or supplied in a timely manner due to the Plaintiff’s failure to take part in the business as determined by the Plaintiff; (4) if the Plaintiff’s failure to correct the violation or nonperformance within 10 days (or within a commercially short period of time taking into account the pertinent circumstances) after receipt of the Plaintiff’s written notice demanding correction of such violation or nonperformance, Article 19 (Transfer or Lease of Money, etc.)
1. The Plaintiff may transfer or lease gold stuffs, tools, machinery, tools, etc. used for the manufacture of ordering parts (hereinafter “gold, etc.”) to the Defendant, where there exist justifiable grounds for the maintenance and improvement of the quality of ordering parts or at the Defendant’s request.
2. Paragraph (1).