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(영문) 서울서부지방법원 2018.08.23 2016가합37365
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B:62,243,209 won and its related thereto from July 11, 2017:

B. Defendant D shall be KRW 51,573,09 and KRW 51,573.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

L such as the status of the parties is a person operating an enterprise with the trade name of “M”, and the N Co., Ltd. (hereinafter “N”) is a company established for the purpose of the business of manufacturing and wholesale and retailing clothing, and the representative director is L. O.

The plaintiff is a person who operates one of the cooperative enterprises manufacturing and supplying clothing products of the brand called "P" to L.

The defendants are those who enter into an agency contract with LA and operate a business which sells P clothing products on consignment.

LN and the Defendants (excluding Defendant C) entered into an agency contract, etc. for the agency contract, etc. for the Pgarment Products (Provided, That the Defendants except Defendant C; hereinafter the Defendants’ excluding Defendant C) entered into an agency contract for the products carried forward among L and P Clothing with respect to the products in question including the following:

[However, the security deposit as stipulated in Article 3 (hereinafter “security deposit”) for each remaining Defendants

Article 3 (Deposit and Security) (1) [referring to the defendants who are agency owners] at the time of entering into a contract and at the same time at the time of entering into a contract to Gap (L or N) (referring to the defendants who are agency owners) in cash] as a security deposit.

(2) B shall provide A with any real estate or other property at least 10,000 won to ensure that all obligations arising in connection with this Agreement and this Agreement may be secured.

(6) Deposit money shall be paid preferentially when the obligation to Gap is not paid to Eul, and real estate security shall be established with a view to preserving Gap's claim when Eul's non-performance obligation is incurred in connection with this contract.

Article 11 (Business Obligations2) (1) A may, if necessary, request B to submit data on his/her business, such as sales status, inventory status, financial status, and account books.

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