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(영문) 서울남부지방법원 2015.07.17 2014가합7248
물품대금 등
Text

1. The defendant shall be the plaintiff.

(a) KRW 21,570,190 as well as 5% per annum from April 30, 2012 to October 24, 2014;

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of developing and supplying semiconductor hardware and software circuits. The Defendant is a company that manufactures and sells electronic equipment.

B. On July 16, 2004, the Plaintiff entered into a basic contract between the original Defendant and the Plaintiff’s vow 1) with the Defendant on a transaction agreement for the continuous supply of automobile parts, etc., and on January 2, 2010, the Plaintiff entered into a basic contract with the following terms and conditions replacing the existing transaction agreement (hereinafter “instant basic contract”).

(A) signed this Agreement. The part of the motor vehicle parts or accessories of this Agreement (hereinafter referred to as “parts”).

(B) corporation B (hereinafter referred to as “A”) in the transaction;

) and A Co., Ltd. (hereinafter referred to as “B”);

Section 1 (Basic Principles) shall enter into the following basic contracts:

1. Transactions shall be made in accordance with the respect for mutual interests and the principle of trust and good faith;

2. A and B shall comply with the Fair Transactions in Subcontracting Act, the Monopoly Regulation and Fair Trade Act, and other related Acts and subordinate statutes in performing a contract.

II.(Basic Contracts and Individual Contracts)

1.This Framework Agreement (hereinafter referred to as the “Agreement”) shall also apply to each individual contract (hereinafter referred to as “individual contract”) unless otherwise agreed that the basic terms and conditions for the subcontracting of parts between A and B have been set out, and both A and B shall comply with this Agreement and individual contracts.

3. Where it is impossible to conclude an individual contract due to frequent supply, the individual contract shall be concluded by Gap by issuing a written order (including a written order for electronic order) in which the transaction details in paragraph (2) are transacted.

Provided, That this does not apply where B expresses its intention of refusal within 10 days from the date of receipt of the order.

Article 12 (Supply of Goods)

4.A shall not delay or refuse the receipt of parts supplied by B unless there is a reason attributable to B, and unreasonable.

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