손해배상(기)
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a company that runs the retail business of cosmetics, the retail business of cosmetic materials, and the Defendant is a company that manufactures, imports, and sells cosmetics containers and subsidiary materials.
B. On August 25, 2016, the Plaintiff entered into a gold-type production contract with the Defendant.
On August 25, 2016, the Plaintiff paid KRW 20,900,000 to the Defendant, and the Defendant completed the production of the Black Employment Fund type (hereinafter “instant black Employment Fund type”).
C. Around October 2016, the Plaintiff entered into a contract for the production of gold-type and strawing with the Defendant.
On November 7, 2016, the Plaintiff paid KRW 11,000,000 to the Defendant. At that time, the Defendant completed the production of the closure clock and strawing (hereinafter “the closure clock, etc.”) around that time.
Of the above gold-type produced by the defendant, the closure-type was modified and processed by the defendant to the closure-type owned by the defendant.
On February 24, 2017, the Plaintiff entered into a gold production contract with the Defendant (hereinafter “instant gold production contract”).
According to the gold-type production contract of this case, the Defendant produced and supplied seven gold-type gold-type (hereinafter “the gold-type of this case”) to the Plaintiff (hereinafter “C”) (the Defendant’s commission of gold-type production to the “C”), and the Plaintiff paid KRW 49,500,000 to the Defendant for gold-type production, and KRW 3,795,000 to the Defendant.
E. On February 24, 2017, the Plaintiff paid the Defendant the down payment of KRW 20 million under the instant gold production contract.
F. Around May 2017, the Defendant requested C to produce the gold of this case, and completed the production of the gold of this case, and then released the instant gold paper from the gold paper, and delivered the instant gold paper to the Plaintiff at the end of May 2017.
G. After confirming the implications delivered by the Defendant, the Plaintiff, on May 31, 2017, demanded the Defendant to revise the form of gold by pointing out the matters to be modified on the current items.