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(영문) 서울중앙지방법원 2014.12.17 2014가합517749

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 19,527,514 to the Plaintiff (Counterclaim Defendant) and its related amount from July 22, 2013 to December 17, 2014.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that produces and supplies enzyme products, etc., and the Defendant is a company that manufactures and distributes clothes, shoes, etc.

B. On May 12, 2012, the Plaintiff supplied the enzyme products produced by the Plaintiff to the Defendant and sold them. ① In the case of a powder-type “C” and “D” product (hereinafter “D”), the Defendant first provided the Defendant with finished products by packing and packing the enzyme products in the above packing material, and the Defendant shall pay the Plaintiff the full cost. ② In the case of liquid-type enzyme products, the Plaintiff provided the Defendant with the full cost of liquid, the Defendant paid the full cost of enzyme products, and entered into a contract for the sale of products and the OEM with the content that the Defendant would register the trademark “E” (hereinafter “E”) to sell the products.

(hereinafter referred to as the “instant contract”. When all the effective products stipulated in the instant contract are referred to as “the instant effective product” (hereinafter referred to as “instant contract”). The main contents of the instant contract are as follows.

Note 1. Note 2

3. Processing costs 1) C processing costs: D processing costs pert 35,000,000 won (excluding value-added tax) 2: 35,000 won per kilogram 1 kilogram 35,000 won (excluding value-added tax): 35,000 won per 20 grams (the defendant's responsibility for the products produced by the plaintiff only an effective beverage and for diseases, diseases, etc.) based on 20t;

5. 1) All packing materials, such as plastic and individual gambling, required for packing, shall be supplied by the Defendant. 2) The Defendant shall pay to the Plaintiff KRW 30 per piece of magnetic impulses and KRW 100 per C, 100 per page, as required for packing work, and if the gambling packing requires a particularly high time, the amount of actual personnel expenses necessary for packing work shall be determined by mutual agreement between the Parties.

7. The defendant is obligated to request an examination of the OEM products in half-finished goods (in packing prior to packing), and the plaintiff is obligated to do so.