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(영문) 서울동부지방법원 2021.01.29 2019나30497
약정금
Text

1. Of the judgment of the first instance, the part against Defendant B is modified as follows.

A. Defendant B shall pay to the Plaintiff KRW 70,429,069.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at manufacturing and wholesale business of clothing subsidiary materials. Defendant B is a person who entered into a consignment sales contract with E Co., Ltd. that sells the brand products of “F” (hereinafter “E”) while actually operating wholesale and retail business related to textile and clothing in the trade name of “D,” and Defendant C is a person who is a business owner of “D” as the wife of Defendant B.

B. Around March 2013, Defendant B requested the Plaintiff to produce “F” brand clothing products that the Plaintiff supplies to E ( children’s clothes), “H (child clothes), “I”, “J (7 father)”, “K ( adults strings), and “M (sex clothes).” The Plaintiff accepted the request and supplied “F” brand clothing products to Defendant B in the manner of manufacturing “F” brand clothing products and storing them in E’s logistics storage.

(c)

Defendant B: (a) between April 12, 2013 and April 30, 2016, it is unclear whether the Plaintiff’s products indicated in the column for “waste” as indicated in Table 1 E, E, which were produced by the Plaintiff in E, were discarded; (b) but E paid only the consignment amount for the goods indicated in the column for “sale volume” as indicated in Table 1, to Defendant B (see attached Table 2) (detailed details), and entrusted the sale thereof; (c) Company B paid the consignment amount for the goods sold to Defendant B; and (d) Company B returned all the goods not sold to Defendant B during and after the transaction was completed.

It means the unit price for the order under the contract between the defendant B and E, the unit price for the quantity to be returned in the name of the product and the quantity to be discarded.

(H) G 2,00 0 0 1,698 12,500 H 360 H 360 62 1297 13,500 13,135 214 2,911 14,50 J 6,576 (production in Korea) J 4, that there is no evidence to distinguish the quantity of products in Korea and the quantity of products in China from the products in Korea. However, the Plaintiff asserts that four punishment was returned from the products in Korea.

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