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(영문) 서울중앙지방법원 2014.10.24 2013가합535917

임가공비청구의 소

Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff USD 180,969.15 and the Defendants’ amount from May 1, 2013 to October 24, 2014.

Reasons

1. The following facts of recognition do not conflict between the parties, or are recognized by Gap evidence Nos. 1, 2, 9, 34 (including each number; hereinafter the same shall apply), Eul evidence Nos. 3, and witness C's witness's witness's witness's witness's witness's testimony in the whole purport of the pleadings:

A. The Plaintiff is a juristic person of the Philippines that processes the clothing, and the Defendants jointly operate a mutual clothes exporter with the trade name “D”.

B. From June 2012, when the Defendants provided the Plaintiff with clothing raw materials, etc., the Plaintiff and the Defendants were processed by the Plaintiff, and were engaged in a consignment transaction for consignment to the Japanese company (hereinafter “Japan”) between TMAICH CO and LTD (hereinafter “Japan”). The Defendants provided the Plaintiff with clothing raw materials, etc. on or around December 2012, and requested the processing thereof (hereinafter “instant consignment”). At the request, the Plaintiff supplied a letter completed from February 2013 to April 2013 to the said Japanese company.

2. The parties' assertion

A. The Plaintiff supplied the goods completed after being processed in accordance with the Defendant’s request for processing of the instant case. The processing cost was USD 236,290.35. The Plaintiff received only USD 30,00 from the Defendants around February 20, 2013. As such, the Defendants are obligated to pay the Plaintiff the amount of USD 206,290.35 (i.e., USD 236,290.35 - USD 30,00) and damages for delay.

B. Defendants 1) The Plaintiff is a stock company E located in the Republic of Korea (hereinafter “E”).

(2) As a local subsidiary of the Philippines, the Defendants merely concluded a contract with the above E, and they do not have any obligation to pay the processing cost to the Plaintiff. (2) The processing cost following the instant consignment is US$ 93,071.90.

3 The Defendants, around February 20, 2013, at US$30,00 to the Plaintiff.