beta
(영문) 서울동부지방법원 2018.05.29 2016가단126396

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 17,972,700 to the Plaintiff (Counterclaim Defendant) and its related amount from August 6, 2016 to May 29, 2018.

Reasons

1. Basic facts

A. On April 1, 2014, the Plaintiff entered into a basic contract with C (hereinafter “C”) on a company engaging in wholesale and retail business of clothing and clothing subsidiary materials, and trade business. Article 9 of the contract provides that “When delay in payment occurs, the Plaintiff shall without delay notify C of the plan to dispose of domestic and overseas finished products at the time of delay in payment so that C may decide whether to terminate the relevant individual contract.” C may take measures, such as extending the payment period or cancelling the individual contract or claiming a separate damages. Upon termination of the individual contract, C may request the Plaintiff to compensate for damages arising from delay in payment, and C may be exempted from the liability to compensate for damages arising from delay in payment if the delay in payment exceeds five days, but exceeds six days from the date of the final payment period.”

B. On October 2015, the Plaintiff received orders from C for clothing products, such as oil stacks, sold in the summer in 2016, and entered into a contract on December 24, 2015 with the Defendant and the Defendant on December 24, 2015 to supply clothing supply (hereinafter “instant contract”) with USD 67,520 in the purchase price and USD 10,80 in the purchase price, and March 10, 2016 in the payment period (hereinafter “instant contract”).

C. On February 15, 2016, the Plaintiff received e-mail from C that it is impossible to extend the payment period, and demanded the Defendant to deliver it immediately. Around February 15, 2016, the Plaintiff sent the answer that the Defendant urged the original company to produce.

The defendant's payment period on March 10, 2016.