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(영문) 서울중앙지방법원 2014.12.24 2014가합543151

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 52,265,400 to the Plaintiff (Counterclaim Defendant) and its related amount from December 1, 2013 to December 24, 2014.

Reasons

1. Basic facts

A. On September 16, 2013, the Plaintiff entered into a clothing supply contract with D, who operates the clothing retail business, to manufacture and supply 4,800 punishments on the Gido Uniforms, under the trade name called “C”.

B. On September 25, 2013, the Defendant agreed to acquire all rights under the above clothing supply contract from D, and accordingly, concluded the clothing supply contract on the above uniforms (hereinafter “the instant clothing supply contract”) with the Plaintiff on October 10, 2013 as follows.

1) In accordance with the Defendant’s work order, the Plaintiff produced 4,800 punishment (2,700 punishment for male gender, 2,100 punishment for female women) and supplied it until October 31, 2013. (2) The Defendant shall pay 24,000 won per 1 punishment on the above mountain clothes. Of them, 48,000 US dollars shall be paid to the company designated by the Plaintiff. Of them, 48,000 US dollars shall be paid by opening a letter of credit in the corresponding amount to the company designated by the Plaintiff, and the balance shall be paid by the end of the following month (on November 30, 2013).

C. The Plaintiff, who entrusted a collaborative company in China’s single nes, manufactured a total of 4,771 punishment (2,693 punishment for male gender, 2,078 punishment for female women, hereinafter “instant clothing”) and transported it to the Republic of Korea.

On October 23, 2013, the Defendant opened and received a letter of credit of USD 48,00 for the said enterprise. On October 29, 2013, the Plaintiff received from the Plaintiff a certificate of confirmation that “The cost of customs clearance will first be borne by the Defendant, and if there is any defect in the goods after customs clearance, the costs of the issuance of the letter of credit and the cost of customs clearance will be paid by the Plaintiff.” On October 30, 2013, the Defendant followed the customs clearance procedure and received the instant letter of credit around November 2, 2013.

After the Defendant received the instant clothing, D and E removed packaging boxes with the Defendant at the time, and inspected part of the instant clothing, and found that the clothes of the front part of the instant clothing were sought from male products.

D. . ...