손해배상(기)
1. The Defendant shall pay to the Plaintiff KRW 78,321,895 and the interest rate of KRW 15% per annum from August 10, 2016 to the day of complete payment.
Facts of recognition
On October 2014, the Plaintiff, through the Home Shopping Broadcasting, agreed to supply 25,00 clothes to be sold from around October 2014 to SPP 1.70,00 won per head from September 30, 2014.
Accordingly, around July 2014, the Plaintiff entered into a contract for processing with the Defendant on September 30, 2014 with the content that the clothes 25,000 were produced and supplied.
In the clinical processing contract, the plaintiff supplied the defendant with raw and secondary materials for the production of clothing, and provided that US$ 13.5 per clothes and 337,50 per clothes shall be paid at the clinical processing cost, including freight, customs clearance, logistics entry cost, clothes and polyblin cost.
On November 4, 2014, the Defendant supplied 24,769 clothes to the Plaintiff by November 4, 2014, and the remaining 231 copies were not to be supplied.
In approximately 4,00 of the clothing 11,300 supplied at the beginning by the defendant, there were many deficiencies such as furnal, hole, spawd, spawd, and various pollutions.
Therefore, the plaintiff inevitably investigated the transfer of the clothing supplied by the defendant, and 16 of the defective goods found in the process were returned as it was impossible to repair the defective goods, and the remaining defective goods were stored after the separate repair work.
The Plaintiff suffered damages of KRW 35,981,02, 022 (=231 x 155,762 x 13.5 x 13.5 x 14,238 x a fractional less than 1054.7 ), which correspond to the difference in the processing cost to be paid to the Defendant at the supply price for the SP shop due to the unsupply 231) and the returned 16 x 16.
The Plaintiff disbursed KRW 18,233,560 in total with the total of KRW 18,233,560 in the cost of initiation and repair of defective goods discovered in the process and the cost of original processing that the Defendant additionally supplied to the Defendant.
Unlike as stipulated in the clinical processing contract, the defendant could not supply clothes and polybags without receiving the expenses.