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(영문) 서울고등법원 2017.04.28 2016나2029737

손해배상(기)

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The plaintiff's primary part is the plaintiff.

Reasons

1. The facts below the basis of facts are either in dispute between the parties or in respect of each of the images of evidence Nos. 1 to 5, evidence Nos. 8, 9, evidence No. 11 to 13, evidence No. 12, evidence No. 1 to 8, and evidence No. 1 to 12, and evidence No. 1 to 8, respectively.

[1] The plaintiff is a Korean legal entity with the purpose of manufacturing, exporting, and importing textile products.

The defendant is a corporation of the Socialist Republic of Vietnam (Vietnam, hereinafter referred to as the "Vietnam") with the purpose of clothing manufacturing work, etc.

In around 2014, the Plaintiff entered into a contract with the French importer to export male and female calcket to FOB (FOB).

On March 2014, the Plaintiff and the Defendant paid the Defendant the raw materials and manufacturing costs necessary for the manufacture of clothing, such as Cocket, and the Defendant made up approximately 25,00 of the clothes manufactured in the form and quality required by the Plaintiff and entered into a contract with the Defendant (hereinafter “instant contract”).

[2] On May 8, 2014, the Defendant filed a claim with the Plaintiff for USD 147,351.80 for the production cost of clothing 13,081, and the Plaintiff sent USD 120,000 to the Defendant on May 9, 2014.

Around that time, the Defendant made clothes according to the instant contract, and loaded only part of them at the port of Hochi, and kept the remainder in the warehouse of the Defendant’s factory.

On the other hand, on May 2, 2014, China had a dispute between Vietnam and China with respect to the installation of oil drilling equipment in the vicinity of the South China Sea Reclamation System (Parcel Islands). In the process, there was a case where Vietnam guard members suffered injury and were damaged by the first step.

In this case, the case is within Vietnam.