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(영문) 서울중앙지방법원 2019.05.22 2018가합553729
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a personal entrepreneur who sells clothes, etc. using the trade name “C” and “D” trademark, and the Defendant is a corporation that runs the manufacturing and processing business of clothing.

B. Around November 2014, the Plaintiff entered into a contract for the supply of goods and the supply of goods. Around November 2014, the Plaintiff and the Defendant received an order from the Plaintiff to manufacture (including pre-processing) through E, a stock company, which is the Defendant’s subsidiary company, and then supplied the Plaintiff the payment. The Defendant supplied the goods to the Plaintiff from November 2014 to August 205, 2014 in accordance with the instant supply contract.

C. The Defendant filed a lawsuit against the Plaintiff seeking payment of the unpaid goods under the instant supply contract as Seoul Northern District Court 2015Gahap3543, and the Plaintiff filed a counterclaim against the Plaintiff for the return of defective goods and the amount exceeding the amount of money calculated by deducting the amount of goods remaining in the Plaintiff’s warehouse from the amount of goods actually supplied by the Defendant to the Plaintiff under the same court 2016Gahap2387. The Plaintiff asserted that the Defendant already paid the unpaid goods and the amount of goods kept in the Defendant’s office and the Defendant did not recover from the Plaintiff but did not recover from the Plaintiff, and filed a counterclaim to seek a return of unjust enrichment equivalent to the difference. On May 18, 2017, the said court rendered a judgment dismissing both the Defendant’s principal claim and the Plaintiff’s counterclaim claim (2).

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