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(영문) 서울남부지방법원 2015.02.12 2014나9330
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On March 4, 2013, the Plaintiff (hereinafter “C”) entered into a contract for the entrustment of manufacture and quality control (hereinafter “instant contract”) with the Defendant (i.e., a mutually known individual entrepreneur) on the following terms:

(1) Article 1 (Purpose): C (hereinafter referred to as “A”) entrusts D (hereinafter referred to as “B”) with the manufacture or processing of contract products according to the size, specifications, specifications, etc. designated by A; and B shall manufacture or process products and supply them to A.

(2) Article 2 (Scope of Application of Basic Contracts): Matters provided for in this Basic Contract shall be basically effective at all times and shall also apply to any future individual contract which may arise between the two companies.

(3) Article 5 (Conditions of Transaction): Eul shall manufacture, compromise, and pack the products and deliver them to Gap.

The raw materials shall be procured by Eul, and secondary materials shall be procured by Gap and supplied to Eul.

B shall file a claim for the processing of contract products for which the passing of the examination has been determined, and Party A shall pay 20% advance payment and 80% of the balance before delivery at the time of ordering.

(4) Article 12 (Quality Guarantee): The warranty period of the product shall be 12 months after the delivery of the product, and Eul shall be responsible only when it is clearly determined that the cause is clearly Eul, such as due to manufacturing defects.

(5) Article 13 (Consumers' : in the event of an obvious fundamental quality problem of the product that is obviously raised by the consumer, Section B shall promptly compensate for the quality of the product.

B. On July 29, 2013, the Plaintiff ordered cosmetics (Novoo Moisturized Cream, hereinafter “instant cosmetics”) from Greatiaon Ltd in Hong Kong (hereinafter “ Hong Kong ordering person”), and requested the Defendant to develop the instant cosmetics, and received the decision of passing the instant cosmetics on August 9, 2013.

C. On August 12, 2013, the Plaintiff issued an order and a work letter to the Defendant to deliver the instant cosmetics to the person ordering Hong Kong.

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