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(영문) 서울고등법원 2015.02.06 2013나2031678

물품대금

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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

1. Basic facts

A. The defendant, as a corporation of the United States of America (hereinafter referred to as the "U.S."), shall supply clothing [product Category C (hereinafter referred to as the "C")] supplied to the end of a month that is a corporation of the United States of America (hereinafter referred to as the "U.S.") and the scke.

) In sum, D, E, etc., the Defendant agreed to provide the “instant clothing” and each product shall be specified only with the product number) to the studs, and the production and supply of the studs shall be based on the “Walm Apel Defel”, which provides for the procedural standards for the production of the start clothes (hereinafter “monthly clothing”) sold at the stores of the company.

B. On January 2012, the Plaintiff entered into a contract with the Defendant, and the Defendant, to manufacture the instant bill at the Plaintiff’s Indonesia Factory (hereinafter “instant factory”) located in Indonesia, and directly deliver it to the Plaintiff as a warehouse in the United States’s seat.

(hereinafter “instant supply contract”). C.

Until March 2012, the Plaintiff produced C 50,862 punishment. However, the Defendant notified the Plaintiff that C’s sample products cancel the order for the said product on March 22, 2012, because C’s product did not obtain the unfold approval of the end of the year in which the difference between the front and back color is severe.

From March 4, 2012, the Plaintiff loaded D 169,020 punishment and supplied E 128,856 punishment, respectively, from March 11, 2012 to the string.

As a result of the inspection of the above bill, 15,071.35 US dollars for D and 37,029.70 US dollars for E and 37,029.70 US dollars for E are notified that the defect rate exceeds a certain level and the defect rate should be repaired, and the above amount should be subtracted from the price of goods to be paid to the defendant.

The defendant shall do so.