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(영문) 광주지방법원순천지원 2016.10.06 2014가합15010
손해배상(기)
Text

1. The Defendant’s KRW 255,587,696 as well as the Plaintiff’s annual rate from January 10, 2015 to October 6, 2016.

Reasons

1. Basic facts

A. On April 1, 2011, the Plaintiff (hereinafter “C”) purchased additional raw materials due to defective goods to be supplied to B.

Between them, the following terms and conditions were entered into: Article 3 (Period of Contract): from April 1, 2011 to March 31, 2012, the term of validity of this Agreement shall be one year from the date of the contract, and shall be extended by one year on a written request for termination of the contract by one month prior to the expiration of the contract:

1. A (Plaintiff) shall lend free of charge the machinery and equipment necessary for the production activities of B (C) during the term of this contract.

Article 5 (Scope of Work and Cost of Contract)

1. The scope of work shall be limited to the storage of raw materials, sorting, cutting, and products, scrap, scrap, and residues, transfer and storage of the process or product cryp, raw materials entry and delivery, and the shipment of products;

Article 10 (Quality Inspections and Guarantees)

1. The quality of goods produced shall be guaranteed;

2. A shall periodically inspect the quantity and quality of the results of the work conducted by A on-site, and shall, if necessary, guide and supervise the working methods and technical matters of B to raise the level of quality.

However, this does not reduce the contractual responsibilities and obligations of B.

Article 11 (Disposal of Disqualified Products)

2.B shall compensate Party A at an actual cost for the costs incurred prior to the work of Party B, including materials costs, with respect to failure to pass the inspection conducted by Party B or at the responsibility of Party B.

2) The Plaintiff is a stock company B (hereinafter referred to as “B”) under the above contract for the cooperation in manufacturing and processing.

3) However, on November 30, 201, C requested the Plaintiff to terminate its business on November 30, 201, on the grounds that it is difficult for the Plaintiff to perform its business as a collaborative entity without complying with the Plaintiff’s production schedule.

3 D as an actual operator of C on November 2, 201.

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