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(영문) 서울중앙지방법원 2016.12.09 2015가합562906
손해배상(기)
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. The status of the parties is as follows: (a) a person who is requested to manufacture and process the clothing products from Beena Korea Co., Ltd. (hereinafter “Venena Korea”) while operating a personal business with B’s trade name; and (b) the Defendant is in accordance with the Korean Korean Industrial Standards with the original Korean Industrial Standards to inject the clothing, etc. into the Plaintiff. The Defendant is in the form of a white erode (www and fea), white chrode and fea, white chrode (www and fea), white chrode (www d and fea), color chrode (greyago dow and fea), chrodedow and fea.

Here, “down” means the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant of the plant.

A company that supplied shock materials, etc. (hereinafter referred to as “ shock materials”) is a company that supplied shock materials.

B. On April 2005, the Plaintiff entered into a discretionary processing contract between the Plaintiff and Vietnames Korea (hereinafter “basic contract”) with Vietnamese through Korea, and the Plaintiff entered into a discretionary processing contract with the Plaintiff to manufacture and process the clothing goods ordered by Vietnamese through Korea (hereinafter “basic contract”). The relevant contents of this case are as follows.

The basic contract under Article 2 (Basic Contract and Individual Contract) of the Table 1 (hereinafter referred to as the “Contract”) shall apply to each individual contract (hereinafter referred to as the “individual contract”) unless otherwise agreed by the Plaintiff and the Vietnamese Republic of Korea to determine the basic matters concerning the manufacture and the processing transaction between the Plaintiff and the Vietnamese Republic of Korea, and the Plaintiff and Vietnamese Republic of Korea shall comply with the individual contract under this Agreement.

Article 4 (Establishment of Individual Contract) (1) An individual contract shall be concluded upon delivery of a written order (or a written order for work) stating the details of transactions under Article 3 by the Vietnamese Korea and the Plaintiff’s acceptance of it.

Provided, That if the plaintiff is willing to refuse to accept, it shall be accepted by the Vietnamese Korea's order.

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