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(영문) 서울중앙지방법원 2017.10.27 2016가단78807

계약금반환 및 손해배상

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person engaged in the business of manufacturing and selling luminous products, and the Defendant is a juristic person engaged in pre-export and import business, wholesale and retail business, and design consulting business.

B. On July 30, 2015, the Plaintiff entered into a consultation and manufacturing contract with the Defendant on the design and manufacture, etc. of the writing license sold by the Plaintiff, and the Defendant’s request for the manufacture of the writing product from the Plaintiff to the business entity that entered into the supply contract with the Defendant, and supply the products to the Plaintiff (hereinafter “instant contract”). On the 31st of the same month, the Plaintiff paid the down payment of KRW 30 million to the Defendant.

C. The Defendant, upon consultation with the Plaintiff, provided the Plaintiff with Agom of Agh city’s brand located in B, but the Plaintiff extended the launch time of B’s brand “B” from September 14, 2015 to 2017, and notified the Plaintiff of the need for confirmation of Agomy location when requesting for sampling work only on a part of the design that was agreed upon, if all gold production of the agreed model was completed.

The Plaintiff changed the brand of “B” to “C” (the trademark that the Plaintiff applied for and registered on the date D) and confirmed the quantity by model and color, and requested the Defendant to manufacture it. On December 7, 2015, the Defendant sent a invoice (INVOE) to supply 82,50 U.S. dollars to the Plaintiff by December 7, 2016, and supplied 200 letters produced by orders from Chinese enterprises on February 12, 2016.

(hereinafter referred to as “the instant writing”). E.

The Defendant, on April 11, 2016, notified the Plaintiff that “C” was to be manufactured in China and to be supplied on April 15, 2016, and the Plaintiff was “C” to the Defendant on April 12, 2016.