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(영문) 서울중앙지방법원 2016.11.21 2016나30585

물품대금

Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Basic facts

A. The plaintiff is a juristic person established for the purpose of clothes manufacturing and processing, and the defendant is a juristic person established for the purpose of wholesale, retail, export and import business, etc. of clothing.

B. Around July 2014, the Plaintiff entered into a contract to manufacture and supply three kinds of winter clothes in accordance with the Defendant’s work instruction.

(hereinafter “instant supply contract.” The Plaintiff supplied 1,194 punishment for three kinds of winters produced in accordance with the Defendant’s work instruction to the Defendant between September 2014 and October 201, and the total supply amount is equivalent to KRW 239,713,100.

From September 30, 2014 to February 25, 2015, the Defendant paid a total of KRW 115,000,000 among the above payments.

C. On March 20, 2015, the Plaintiff, on March 20, 2015, seized claims, such as sales claims and sales fees, against the Defendant’s Hyundai Department Store Co., Ltd.

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 eared to ear Director and returned, but at the time of sale, the goods are paid only for the goods sold.

us (Defendant) made a low sale due to original defects and notified us that us would permit us to sell the goods to the extent possible on or around December 2014, as well as us would give us a notice to us that she would sell she would sell she to her to her if possible, and she would sell her goods to her at a large number of times, and she has made best efforts to sell her products, but she was sold 1690,00 and 329 out of 498 supplied by her she supplied, and she would notify her her she of her inventory to return her remaining stock.

Return company (Plaintiff) has been supplied to us (Defendant) with respect to the recent return schedule of “the product concerned”, with the balance of the supply price.