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(영문) 서울남부지방법원 2020.10.22 2019가단244052

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. "Completion" in Article 2 (Definition of Terms) of the Framework Agreement on the Supply of Clothing for Recognition means the method by which the Defendant processes and supplies them at the direction of the Plaintiff using raw and subsidiary materials that he/she has raised by being entrusted with the manufacture, etc. by the Plaintiff;

In the case of completion of Article 4 (Use of Raw Materials) In the case of the method of completion, the defendant shall procure and use the specifications and quality "raw materials" specified in the work instruction (production request) and specifications, etc. directed by the plaintiff, and shall start processing after obtaining prior confirmation and approval from the plaintiff.

Article 5 (Approval of Samples and Production of Products) The defendant shall make samples in accordance with the production request and sampling instructions provided by the plaintiff, according to the production method requested by the plaintiff, and shall commence this work after obtaining prior approval from the plaintiff.

The defendant shall manufacture the products pursuant to the preceding one, and if a minor change or problem occurs, he/she shall notify the plaintiff without delay and receive an order for re-work, and shall pack the products in an accurate quantity according to the work order when the manufacture of the products is completed.

Article 7 (Inspection of Products) The Defendant shall undergo an inspection of the products produced by the Plaintiff, a person designated by the Plaintiff, or an institution, and shall provide all preparation and convenience for inspection.

Criteria and method of product inspection shall be based on the plaintiff's standards for inspection, and the defendant shall only provide high-quality products which passed the quality inspection to the plaintiff's inspection.

The defendant is obligated to conduct the test of finished products and the test and analysis of the original test at an institution designated by the plaintiff, and the expenses shall be borne by the defendant

After the product test under the preceding three paragraphs, if the result of the test is judged to be inferior, the plaintiff shall be immediately notified, and the measures after the test shall be taken.

Unlike the preceding paragraph, the plaintiff or a person designated by the plaintiff shall visit the defendant's factory or workplace at any time as necessary.