(영문) 인천지방법원부천지원 2017.06.28 2016가합1006

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(영문) 인천지방법원부천지원 2017.06.28 2016가합1006

손해배상(기)

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1. The Defendant (Counterclaim Plaintiff) paid KRW 32,918,765 to the Plaintiff (Counterclaim Defendant) and its related amount from May 27, 2016 to June 28, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company with the objective of assembling semiconductor applied products, etc., and the Defendant is a company with the objective of manufacturing and wholesale eco-friendliness applied products.

B. On November 2, 2015, the Plaintiff entered into a contract for the supply of goods with the content that the Defendant’s trademark “diculic hot water sets” (hereinafter “instant hot water sets”) attached to the Onnuri TV sets manufactured and produced by the Plaintiff to supply OEM (hereinafter “instant contract for the supply of goods”).

(2) On December 11, 2015, the Defendant ordered the Plaintiff on December 11, 2015, 200 for the payment of the price for the goods under the above contract for the supply of goods: “The settlement of the price for the goods is produced at 50% after the completion of the contract, and 50% deposit at the time of shipment after the completion of the production of the goods.” However, on December 11, 2015, the Defendant placed an order for the payment of the price for the goods at KRW 2,500 (unit price of 55,000 won, supply price of 137 million won, value added tax, separate value added tax), 2,500 (unit price of 60,000 won, supply price of 15,00 million won, value added tax, and value added tax).

The Defendant’s order is written on December 23, 2015, the payment date of Onnuri Typt, December 30, 2015, and December 30, 2015, and the down payment amount is KRW 100 million, and the remainder is paid at the time of local payment.

3) As of December 23, 2015, the Plaintiff produced more than 2,500 hot water sets (ion boiler sprink 2,500). (c) On December 3, 2015, the Defendant entered into a sales contract with a Chinese company, to sell “A” as a Chinese company, and the instant hot water sets (the number 2,50, 2500, 2500, 2500, 2000, 462,50,000, 30,000,000,000,000,000, and 30,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,

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