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(영문) 서울고등법원 2020.04.22 2019나2026982
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

Basic Facts

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

Around November 2014, the Plaintiff entered into a contract for the supply of goods and the Plaintiff’s supply of goods between the Plaintiff and the Defendant, upon receiving an order from the Plaintiff as a male volunteer from the Plaintiff and being supplied to the Plaintiff through E, which is the Defendant’s subsidiary company, and then received the payment. However, a contract for the supply of goods (hereinafter “instant contract for the supply of goods”) was entered into between the Defendant and the Defendant, with the content that: (a) the settlement of transactions conducted by the Plaintiff (the Plaintiff’s provision of raw materials and subsidiary materials, etc.) is closed as of the last day of each month and at least 10% as of the last day of the following month; and (b) the settlement of transactions conducted by the Defendant as a full-time entry (the purchase of raw materials and subsidiary materials, etc. by the Defendant) is made at the end of each month and at 50% as of the 15th day of the following month and at the end of

The Defendant supplied the Plaintiff with goods equivalent to KRW 1,373,137,370 from November 2014 to August 2015 in accordance with the instant goods supply contract.

Around November 2015, the Plaintiff and the Defendant agreed on the disposal of defective parts among the goods supplied by the Defendant to the Plaintiff. On November 14, 2015, upon the Plaintiff’s request, the Defendant returned and recovered 8,825 of the goods supplied by the Defendant to the Plaintiff. On November 19, 2015, the Plaintiff and the Defendant returned 15,203 of the goods supplied by the Defendant, including 695 of the goods supplied by the Defendant, asserting that the goods are defective parts, and recovered them.

On December 22, 2015, the Defendant filed a lawsuit against the Plaintiff seeking the payment of unpaid goods according to the instant goods supply contract with the Seoul Northern District Court 2015Kahap3543, and in the foregoing case.

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