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(영문) 서울중앙지방법원 2018.02.09 2017가합525352
물품대금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Conclusion of a prime supply contract and Plaintiff’s prime supply 1) The Plaintiff is a company that produces and distributes yarns, which are textile raw materials, and Defendant A Co., Ltd. (hereinafter “Defendant A”).

(2) Defendant B (hereinafter “Defendant B”)

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

) The company is a company engaged in the business of importing and exporting clothes and textile products, and is a non-party SPE Co., Ltd. (hereinafter referred to as “SP”)

(2) Around October 2014, Defendant C entered into an original supply contract (hereinafter referred to as “instant original supply contract”) with z. St., with which Defendant C supplied originals from the Plaintiff, completed the original body through letter-based and coloring work through a letter-based company and salt coloring company, and then supplied the completed original body to z. St. (hereinafter referred to as “instant original body supply contract”).

3) The Plaintiff’s original specifications supplied by Defendant C from October 2014 to Defendant C for the instant original supply contract (hereinafter “original specifications”)

B. (b) The Defendant C supplied the supply of the raw source price. (1) Pursuant to the instant original supply contract, the Defendant C loaded and supplied the raw source price equivalent to USD 1,643,562.83 from December 31, 2014 to March 31, 2015 to the Vietnam collaborative company factory under the instant original supply contract, but LE did not pay the original source price to the Defendant C.

2) Accordingly, Defendant C suspended the original supply of z. C., Defendant C, Defendant B, and Plaintiff, etc., which had already been produced with respect to z. C., and Defendant C, the Plaintiff, and C, C, C, C, and C, C, C, C, and C, which are the z. (hereinafter “B”), and Defendant B, on March 27, 2015, “the first agreement on claims due to Orrance” (hereinafter “the “the first agreement”).

was concluded.

The first written agreement is concluded in order to distribute losses due to the payment of the original cost of SP and the suspension of the supply of the original group already produced.

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