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(영문) 서울중앙지방법원 2020.09.18 2018가합536991

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 92,069,056 to the Plaintiff (Counterclaim Defendant) and its amount from June 29, 2018 to September 18, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The plaintiff is a company established in the People's Republic of China in Hong Kong in accordance with the People's Republic of China Act (hereinafter referred to as "China"). The defendant is a company established in the Republic of Korea in accordance with the laws of the Republic of China for the purpose of the clothing manufacturing industry.

B. 1) On December 2016, the Defendant is a C Company (C Company; hereinafter “C Company”) (hereinafter “C Company”).

2) The Defendant, from December 16, 2016, issued an order to request the production and supply of female clothing (one day number D). The Defendant is an E Co., Ltd. (hereinafter “E”) representing the Plaintiff from December 16, 2016.

2) On January 26, 2017, the Defendant sent to E a total of KRW 576,69 mustdds (F 111,584 mustds, F 111,510 mustds, D A/B/C 362,305 mustds (AP 87,910ds, Blu 113,944 mustds, Blu 160,451 mustds), US $1,184,225.34 (hereinafter referred to as “original part of the instant 1C”) purchase orders.

The time limit for shipment on the purchase principal document of the above original group was April 28, 2017.

The Plaintiff produced the 1C Group of the instant case, and entered the Defendant’s Cambodia factory around May 18, 2017.

3) On June 12, 2017, the Defendant received from C Company an order from C to supply female clothing (one day number D) equivalent to USD 290,320, US$1,826,112.80. On September 6, 2017, the Defendant received from C Company an order from C Company to reduce the volume of the said female clothes into USD 264,120, US$ 1,661,314.80. (4) Around June 2017, the Defendant issued an order from C Company to supply female clothing (one day number G).

From June 9, 2017, the defendant agreed with E on the supply of raw materials of the clothing for supply of the above C Company from the plaintiff.

The defendant around July 18, 2017, to E total of 129,380 S. 2898 A/C, N. 43,840 P. 43,844 P. T.