(영문) 수원지방법원여주지원 2019.07.10 2018가합6401

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(영문) 수원지방법원여주지원 2019.07.10 2018가합6401

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The Plaintiff is a company that sells “C”, which is a health assistive food (hereinafter “instant concentrate”), and the Defendant is a food manufacturing and processing enterprise.

On May 19, 2017, the Plaintiff and the Defendant concluded a contract with the content that the Defendant procures the remainder and produces 10,000 bits by means of original equipment manufacturing (OEM) and supplies the Plaintiff (hereinafter “instant contract”).

By June 15, 2017, the date of the first payment under the instant contract, the Defendant failed to supply 5,000 sets of the accumulated amount. On June 16, 2017, the Defendant entered into a re-entrustment contract with “D” as to the accumulated amount.

On the other hand, on July 11, 2017, the Plaintiff entered into an order-based trademark production contract with D on the concentrate of this case.

On September 5, 2017, the plaintiff, the defendant, and D made an agreement with the following contents (hereinafter referred to as the "agreement of this case").

Agreements

1. The plaintiff and the defendant agree to pay KRW 26,00,000 to the plaintiff immediately with respect to the lawsuit brought by the plaintiff to the defendant due to the delay in the payment period of the contract of this case.

2.D agrees to provide further support to the Defendant of KRW 16,00,000 out of the above agreed amount 26,000,000.

3. The defendant shall request D to produce the unproduced quantity (the main product: 3,477 feet, 8,700 disease) among the products ordered by the plaintiff. The defendant shall entrust D with the production of the whole quantity, and the ownership and the right to dispose of the products produced at this time shall be limited to D, and the defendant shall not raise any objection thereto.

4. The plaintiff is obligated to accept the entire quantity of products with D's consent to the production entrusted by D unless any defect occurs in the products produced thereby.

5. Upon agreement, the defendant shall deliver to D all the non-produced raw and secondary materials, etc. (3,477 sets, 8,700 bottles) kept by the defendant to D as soon as possible.

6. After formulating the instant agreement, the Plaintiff, the Defendant, and D present.

유사 판례

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