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1. The Defendant’s KRW 2,00,000 as well as the Plaintiff’s annual rate from July 1, 2018 to October 30, 2018, and the following.
Reasons
1. Basic facts
A. On September 1, 2016, the Plaintiff entered into a contract for the supply of finished products (i.e., complete acquisition; hereinafter “instant basic contract”) with the Defendant as a basic contract.
Article 2(1) of the instant Framework Agreement provides that “The items, size, quantity, unit price, payment period, delivery place, method and time of the delivery of goods, etc. shall be governed by the purchase request separately prepared by each case.” Paragraph (2) of the same Article provides that “The parties shall issue a written request for purchase stating the matters specified in Paragraph (1) to the Plaintiff before commencing work for the delivery of goods,” Paragraph (3) of the same Article provides that “The purchase request shall take effect on both parties’ signature and may be modified by mutual agreement,” and Paragraph (4) of the same Article provides that “If a written request for purchase is not prepared, it shall follow the work order and the cost invoice, and the provisions
B. The Plaintiff entered into an individual contract with the Defendant on the spring / summer clothes in 2017, and provided the Defendant with the clothing around September 1, 2017 under the said individual contract and received the payment in full.
C. On December 21, 2016, the Defendant sent to the Plaintiff a work instruction as to A/B clothes in 2017, and demanded the Plaintiff to submit a sample production and cost estimate. On February 21, 2017, the Plaintiff produced and provided clothes samples to the Defendant.
From March 10, 2017, the Defendant issued a work instruction regarding the above clothes to the Plaintiff from around March 10, 2017, and around March 31, 2017, the Defendant designated the original unit of the above clothes and notified the Plaintiff thereof.
The Plaintiff and the Defendant delivered cost invoices from May 11, 2017, and the Plaintiff sent revised drawings and work instructions to the Defendant and consulted on the delivery date.
On May 1, 2017, the Plaintiff sent an order for raw materials to the original company on May 1 and 17, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 57, 60 evidence, Eul evidence 1, 3 through 5, and the purport of the whole pleadings.
2. The Parties.