손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
1. The facts following the facts of recognition do not conflict between the parties, or are recognized by Gap's evidence of Nos. 1 to 8, 11, 14 to 40 (including the number; hereinafter the same shall apply), and the testimony of the witness J of the first instance trial by taking into account the whole purport of the pleadings.
[1] The Plaintiff is a company engaged in all manufacturing and wholesale and retail businesses of textile products (such as clothing, shoes, hair, etc.). Defendant B, along with Defendant C Co-Defendant C of the first instance trial (hereinafter “C”), is a person who operates a private business chain, etc. that produces and supplies clothing in Chinese factory after being supplied with raw and subsidiary materials in Korea.
On July 1, 2012, “E” was operated as an individual entrepreneur who is registered as a business operator under the name of C, and was closed on September 26, 2016, and Defendant B registered the business with the trade name “F” on January 20, 2016 and continued the same type of business as “E”.
[2] The product quantity (unit: unit) unit price D/LMNNS D/COMW D/COM2LW 77,500 US$ 18.00 US$27,000 on October 28, 2015 WW 780 US$25.00 US$20,000 on October 28, 2015, the whole quantity of the goods supplied under Article 30 of the supply [Attachment 20,000 US dollars 20,000 US$20,000 on October 28, 2015] as set forth in Article 351, 200 US$20,000 on October 28, 2015 ($30,000 on October 24, 200, 2000) or the goods supplied under Article 50 of the supply [Attachment 30,700 US dollars on October 28, 2005].
(Provided, That if mutual recognition is made due to a natural disaster or other force majeure, the plaintiff shall be exempted from compensation for delay) Article 7 . [Payment Method] The plaintiff shall pay to the defendant B the price in cash on a daily basis after one week from the time of the receipt of the goods.
On September 2015, the Plaintiff entered into a garment processing contract (hereinafter “instant contract”) with E as follows:
The contract was drawn up as of September 18, 2015, but the date of entry in the work order, etc. is September 9, 2015.