원상회복 및 부당이득금 반환
1. The judgment of the court of first instance is modified as follows.
The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is subject to KRW 97,964,207.
1. Facts that there is no dispute over the recognition of the facts, Gap evidence 1, 2, and 8, Eul evidence 15, 22-24, 29, 30, and 37 (including each number; hereinafter the same shall apply), Gap witness D's testimony, and the purport of the whole pleadings;
A. The Plaintiff is a company whose purpose is to import, distribute, and sell household goods, sports goods, clothing, etc., and the Defendant is to produce, sell, etc. clothing, textile with the trade name “B” as its main business.
B. On May 22, 2013, the Plaintiff and the Defendant entered into a “entire transaction agreement” with the content that the Defendant would produce and supply clothing at the Plaintiff’s request, and that the Plaintiff would pay the price therefor.
The main contents of the contract are as follows:
Article 2 (Individual Contracts)
2. Each individual contract shall determine specific matters concerning transactions, such as the details of products, SYLO, production quantity, unit price, and payment period;
3. An individual contract shall be concluded upon the issuance of a written request, etc. to the defendant stating the details of the contract under the preceding two paragraphs by the defendant's consent thereto.
Article 3 (Products, Raw Materials, and Incidental Materials)
1. In principle, the processing conditions of the products to be supplied by the Plaintiff shall be based on the written request for work requested by the Plaintiff.
2. In accordance with the Plaintiff’s request for work, the specifications, processing method, quantity, payment period, place of delivery, etc. shall be performed.
Article 12 (Payment of Price) The settlement of price shall be made in cash with the account of the head of the Tong designated by the defendant within three days after the execution of the contract, 30% of the total supply price, 40% within three days after the completion of the order, and 30% of the remainder after 30 days after the completion of the payment period.
Article 15 (Term of Contract) The term of validity of this contract shall be one year from the date of conclusion.
Provided, That the contract period may be extended through consultation between the plaintiff and the defendant.
C. The Plaintiff and the Defendant concluded an individual contract as follows on the same day.
The term “the instant contract” and “individual contract” collectively are “the instant contract” and “the instant contract.”