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(영문) 서울중앙지방법원 2016.05.12 2014나58077
손해배상(기)
Text

1. Of the judgment of the first instance court, the Defendant’s KRW 664,200 against the Plaintiff and its related thereto are from September 11, 2014 to May 12, 2016.

Reasons

1. Facts of recognition;

A. On May 29, 2012, the Plaintiff entered into a contract with the Defendant to be supplied with the Warsaw for the following terms:

The period: The supply place from June 4, 2012 to June 3, 2013: The "B" store and sales facility (to the Dong-gu Seoul Metropolitan City, Dong-gu) in the operation of the Plaintiff or the conditions for the payment of the price of the Plaintiff's franchise: The Plaintiff shall immediately notify the Defendant when there is any defect in the quality and quantity of the goods, and the Plaintiff shall notify the Defendant in writing within seven days after the acquisition, if there is any defect in the quality and quantity of the goods.

B. On October 30, 2013, the Defendant directly supplied cosmetics equivalent to approximately KRW 5,227,350 (based on the unit price of supply) to D ( Jeju-do Jeju-si E), the Plaintiff’s franchise store, pursuant to the goods supply contract with the Plaintiff.

C. However, the fact that the cosmetics supplied by the Defendant included the products for which the distribution period has elapsed was later stated, and the customer who died from D calls to the above D, and the above D calls again to the Plaintiff, a member shop owner.

Plaintiff

Around December 2013, F and the defendant discussed the issue of return of products, which changed the manufacturing date of cosmetics, by e-mail, and F directly brought about cosmetics to be returned to the plaintiff's logistics warehouse by Jeju-do, and again agreed to send them to the defendant at home.

E. In relation to the aforementioned return, on December 26, 2013, F claimed that the value of the goods to be returned to the Defendant is greater than that of the goods to be returned to the Defendant. However, on December 27, 2013, G in charge of the Defendant’s side demanded payment of the remainder after deducting the value of the goods to be returned from that of the goods to be returned from that of the Defendant. However, G in charge of the Defendant’s side, again, on December 27, 2013, the Plaintiff’s claim for the amount to be paid to F as of the said date is at least five million won, the amount to be deducted by the Defendant

(f) on December 29, 2013, F sent a email to G;

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