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The defendant takes delivery of 2,00 sets of cosmetics listed in the separate sheet from the plaintiff, and simultaneously 41,000.
Reasons
. Facts of recognition.
A. The defendant is a person who runs D and cosmetics sales business, which is her husband, with the trade name of C.
E is the husband of in-house director F, the representative of the Plaintiff, and G worked as the Plaintiff’s director from July 2017 to January 2018.
B. From November 2017, E and G consulted with the Defendant on the production (OEM) of an order-based trademark attachment contract with respect to renewable Cream, ample-, ample-, ample-, and Max-out (hereinafter “instant cosmetics”). On December 4, 2017, the Plaintiff and the Defendant concluded a contract for the production of the trademark attachment (hereinafter “instant contract”) on the instant cosmetics.
The main contents are as follows:
ARTICLE 2 (Contract Products and Terms of Supply) 2.1 “Products” and terms of supply are as follows:
The unit price for the supply of product classification C/C renewable 30g 30g *1 C/ ample 5g ample 5 C/ Mack 10pack 10fet 41,000 No. 5 (Terms and Conditions of Contract) 5.2, the initial quantity and terms and conditions of transactions that the Plaintiff purchases under this Agreement are as follows:
The payment for the product in Korea on the terms of 10,000 amp 2,000 41,000,000 82,000,000,0000,000 5.3 of the FOB terms and conditions of 5.3 of the product volume (KSW) unit price (KSW) of the product quantity (KSW) shall be 50% at the time of ordering and 50% at the time of delivery, and the payment for the product shall be completed when the Defendant remitted to the Plaintiff’s account.
(c)
The Plaintiff and the Defendant agreed to supply 1,00 set of the instant cosmetics to December 20, 2017, and the remainder 1,000 set of the cosmetics to April 20, 2018, but subsequently changed the supply time of 1,000 set of the first supply quantity to January 15, 2018.
(d)
On December 5, 2017, the Defendant remitted KRW 41 million, which is 50% of the price under the instant contract, to the account of the Plaintiff’s representative.
The Plaintiff requested H to design of the instant cosmetics containers and the instant cosmetics to produce them. On November 23, 2017, the Plaintiff transferred KRW 3 million in the name of design cost, etc. and KRW 38 million in the name of design cost, etc. to H, respectively.
H The cosmetics of this case through a third party.