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(영문) 서울고등법원 2019.11.20 2019나2011294
손해배상청구의 소
Text

1. The judgment of the court of first instance is modified as follows.

The Plaintiff (Counterclaim Defendant) is the Defendant (Counterclaim Plaintiff) with KRW 2,200,145.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in manufacturing and wholesale and retailing of clothing, and the Defendant is a company engaged in manufacturing and wholesale and retailing of fibers.

2. The Plaintiff is supplied by the Defendant with the original group for the production of broadcasting products consulted with D, which is the Plaintiff’s production agency.

1) The settlement method of down payment of KRW 85,43,000 in total: The remainder on March 20, 2017; - 20% on May 10, 2017, and on June 10, 2017.

3. The defendant shall request the plaintiff's trade name to submit the test result of the authorized institution's test results to the plaintiff.

6. The defendant shall supply the plaintiff's broadcasting sale schedule as determined by the plaintiff so that it does not interfere with the plaintiff's broadcasting sale schedule.

7. In the event of the Plaintiff’s loss due to the reasons set forth in section 3(6) above, such as consumer clean, return or delay of broadcasting, and sales price reduction, the Defendant shall compensate the Plaintiff on the basis of the initial sales price at the time of the intended sale.

B. On March 10, 2017, the Plaintiff entered into a contract with the Defendant for the supply of KRW 85,43,000 (hereinafter “instant headquarters”) of Class 2 sets for men’s 2,00 sets and Class 5,000 sets for women’s 2,00 sets and KRW 10,000 for women’s 2,00 sets (hereinafter “instant product”).

However, the defendant decided to deliver the above original body to the Vietnam Factory of D Co., Ltd. (hereinafter “D”).

At the time, the Defendant provided the Plaintiff with sampling (see, e.g., evidence Nos. 27-1 through 4, and evidence Nos. 28-1 through 3) written in polysure 100% for polysure, 97% for polysure, and 3% for polysure 3% for polysure, and based on the above sampling, the instant supply contract was concluded.

C. On March 14, 2017, the Defendant: (a) on the instant headquarters to D around March 14, 2017.

The provision of information on mixed rate, such as the paragraph, was made.

D. above.

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