beta
(영문) 서울남부지방법원 2016.11.04 2015가합106395

손해배상 청구의 소

Text

1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)

A. The attached list of products from the Defendant (Counterclaim Plaintiff).

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The following facts may be acknowledged by taking into account the following facts as a whole the purport of the pleadings in each entry in Gap evidence 1 to 17, 36, Eul evidence 1, 3 to 5, 9, 11 to 24 (including the branch numbers, if any):

The plaintiff is a person operating the clothing manufacturing business under the trade name of "I". The defendant is a small and medium enterprise that has entrusted the plaintiff, etc. with the manufacture of the goods of the trademark, such as "J", "K" and "L", and then received the goods and sold them to the consumer. The number of regular employees in 2011 is 3 to 4, 917, 720,301, and the sales amount is 1,917, 720, 301, and the defendant's regular employees in 2013 are 38, and the sales amount is 22,504, 29,

B. On February 28, 2012, the Plaintiff entered into a basic contract for manufacturing clothes between the Plaintiff and the Defendant on consignment (hereinafter “instant basic contract”) with the Defendant, under which the Plaintiff and the Defendant entered into a basic contract for manufacturing and supplying clothing products (hereinafter “instant basic contract”) with the content that the Plaintiff would directly raise the remainder of the raw and subsidiary materials to the Plaintiff, and then manufacture and supply the clothing products according to the design provided by the Defendant with such raw and subsidiary materials.

Article 2 (Matters concerning Raw Materials and Products) 1 of the instant Framework Agreement confirms that all semi-finished goods for the processing and processing of raw materials and subsidiary materials (including various LABL) and semi-finished goods delivered by the Defendant to the Plaintiff are owned by the Plaintiff, and that they are kept only for the processing and processing by the Defendant. In the event that this contract is terminated, the Plaintiff must immediately return them to the Defendant. 2) The Defendant must supply the raw materials and subsidiary materials necessary for the processing and packing of the Plaintiff to the extent that they do not impede the Plaintiff’s work process, and the Defendant did not supply them.