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(영문) 서울중앙지방법원 2017.08.08 2017가단5056687
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of manufacturing and wholesale and retailing cosmetics, and the Defendant is a company established for the purpose of exporting and importing raw materials related to cosmetics.

B. On July 20, 2015, the Plaintiff entrusted the Defendant with the business of filing an application for a sanitary license of the Chinese country's Food and Drug Supervision (hereinafter "the instant contract") concerning the above cosmetics necessary to export the cosmetic to China under the name of "Half Mo Mos Pruk" produced by the Plaintiff (hereinafter "the instant cosmetic"). At the time, the period of time required for the instant business was set as 4-6 months from the date on which the result of basic inspection on the cosmetic was sent to the Chinese competent authority.

On July 21, 2015, the Plaintiff paid KRW 3,839,00 to the Defendant according to the instant contract.

C. On December 14, 2015, the Defendant delivered to the Plaintiff a basic inspection report on the instant cosmetics, and around the following day, it was scheduled to submit the said measurement result to the competent Chinese administrative agency.

The Chinese competent authority issued a sanitary license on January 21, 2016 with respect to the instant cosmetics, but the Plaintiff confirmed the above contents of permission through the Defendant, upon receipt of the above contents of permission, the Defendant issued an application for permission to the Chinese competent authority as a "Half Mop pruru" whose original product name is different from the original product name, and thus, he/she became aware that the instant cosmetics cannot be exported. On February 22, 2016, the Defendant urged the Defendant to do so.

E. On February 26, 2016, the Defendant responded to the Plaintiff to the effect that the sanitary license was issued in English name as above, because the Chinese agency misstatements the product name of the application document, and thus, the sanitary license was promptly resolved.

F. On June 1, 2016, the Chinese competent authority issued a sanitary permission on the instant cosmetics, the English name of which was modified as “Half Mod Mod Pod Pod Pod Pod Pod Pod Pod Pod Pod.” The Defendant issued the sanitary permission on June 13, 2016.

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