매매대금반환
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The plaintiff is a corporation established for the purpose of manufacturing, wholesale and retailing, and exporting and importing business of clothing, and the defendant is a corporation established for the purpose of manufacturing and processing of clothing.
B. Around July 2014, the Defendant entered into a contract for the manufacture and supply of Category 3, 1,200 of wintering clothes in accordance with the Plaintiff’s work instruction (hereinafter “instant supply contract”), and supplied the wintering Class 1,194 punishment (a total supply amount of KRW 239,713,100) produced therefrom to the Plaintiff from September 2014 to October 2014.
From September 30, 2014 to February 25, 2015, the Plaintiff paid a total of KRW 115,000,000 among the above payments.
C. On March 20, 2015, the Defendant attached claims, such as sales claims and sales fees, against the Plaintiff’s Hyundai Department Store No. 2015Kadan677 around March 20, 2015, where the Plaintiff did not pay the remainder.
Although the defect of the goods entered into the storage (such as original charge rate, inferior quality, e.g., inferior quality, e.s.) has caused the entire quantity of the goods, the goods are not sold and the entire quantity of the goods has been notified to the “Person in charge of ear” and the goods have been returned, but at the time of sale, the goods have been settled only with respect to the goods sold.
In addition, us notified us that us would permit us to return products and sell them to the extent possible on December 2014, and us would make it possible to us to do so, as well as us requested us (the plaintiff) to sell them at a large number of times and made best efforts to sell them, but us was sold 1690,000 among 498 supplied by us (the defendant) and 329 were kept in inventory, and us notified us of her return to her total stock.
He shall supply us (Plaintiff) with respect to the recent schedule of return of “the goods”.