1. Of the judgment of the court of first instance, the defendant (Counterclaim) against the main lawsuit exceeding the amount ordered to be paid below.

Basic Facts

The parties concerned are corporations engaged in the manufacture and wholesale of clothing and wholesale and retail business with clothes branding, such as CD&P, “C”, “GPX,” and the Defendant is a business entity engaged in the wholesale, manufacture, trade, etc. of clothing with the trade name of B.

On June 10, 2015, the Plaintiff and the Defendant entered into the instant contract with the Defendant to manufacture and supply the clothing products based on the design manufactured by the Plaintiff through the local factory of Bangladesh (hereinafter “local factory”) (hereinafter “instant contract”). On June 10, 2015, the instant contract entered into an outsourcing trading agreement with the Plaintiff to manufacture and supply the clothing products based on the design manufactured by the Plaintiff. Article 2 (Terms of the instant contract)

1. The contract shall include the ordering year, month, day, name of the ordered item, quantity, unit price, payment period, place of delivery, method and time of inspection, method and condition of payment, and other terms and conditions of the order;

Article 3 (Formation of Contract)

2. An individual contract is concluded upon the issuance of an order stating the details of Article 2 by the Plaintiff and the Defendant’s acceptance thereof.

Article 5 (Designation of Raising, etc.)

1. The defendant shall manufacture and deliver the ordered goods to the plaintiff according to the quality, form, size, and other specifications directed for the plaintiff's individual ordered goods.

Article 6 (Production of Samples and Products)

1. The defendant shall make samples according to the request for trial products, work instructions, specifications, plaques, etc. provided by the plaintiff.

2. The plaintiff must confirm this and proceed to work in accordance with the sample produced to the defendant.

Article 11 (Payment of Raw Materials, etc.)

1. The plaintiff may, in consultation with the defendant, pay to the defendant raw materials, subsidiary materials, semi-finished goods, and products used for the production of ordered goods in order to maintain the quality, improve the productivity, etc.

Article 12 (Ownership of Raw Materials, etc.) Ownership of raw materials, free of charge, etc. shall be held by the plaintiff.

Article 15 (Period of Payment) The term of payment means the date on which an order is to be supplied to a place designated by the Plaintiff under a contract.