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(영문) 서울중앙지방법원 2013.08.29 2012가합3529
이행보증금 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 8, 2010, the Plaintiff entered into a design service contract with the Intervenor joining the Defendant (hereinafter “instant contract”).

Article 2 (Period of Contract) The contract term of this Agreement shall be from the date of conclusion to June 30, 201.

Article 5 (Performance Contents) The Defendant’s assistant intervenor must design the Plaintiff’s 49-class design, and when making sampling, it must be based on CI, etc. of the Plaintiff.

(3) A designer or B shall participate in the production of a design.

(4) Until December 31, 2010, as to the 49 kinds of design, the specifications by item, comprehensive specifications, design planning, and sampling process taken shall be submitted with respect to the design of at least 100 photographs and files containing at least 30 minutes of video, and with a design certificate of a designer, which shall be submitted.

(5) A sample of all items shall be submitted by January 30, 2011.

(6) Specificationss shall be prepared for the design selected by the plaintiff.

(7) When the design is completed, a failure show shall be held, and all expenses incurred in planning and conducting the failure show shall be borne by the defendant's assistant participant, and the designer who has issued the design certificate shall be present at the failure show without fail.

(8) The clothes of a pattern refers to the paper that is made of a pattern in order to manufacture clothes.

Production of and sampling shall be implemented in accordance with the attached Form.

(9) Design and sampling shall be produced and supplied to the whole uniforms, and all liquid paintings (ONEXs, chackers, etc.) shall be manufactured and supplied.

Article 8 (Payment of Service Costs and Remuneration) (1) The Plaintiff shall pay to the Intervenor joining the Defendant 700,000,000 won (excluding value-added tax) as follows:

20% of the contract amount within 20% of the contract amount does not exceed 40% of the contract amount even if the balance for the first and second completed portion for the second completed portion of the contract amount is paid as well as the cost of domestic sampling, upon the request of the supplementary intervenor at the time of completion of the design, the sample shall be sample after the expiration of the contract period.

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