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(영문) 서울남부지방법원 2015.10.15 2014가합5723
손해배상(기)
Text

1. The Defendant’s KRW 205,996,891 as well as the Plaintiff’s annual rate from April 3, 2014 to October 15, 2015, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established on March 4, 2009 for the purpose of manufacturing, wholesale, etc. of clothes. 2) The Defendant is a person who engages in the forest processing business under the trade name of “B”.

B. On September 12, 2012, the Plaintiff entered into the instant first consignment processing contract between the Defendant and the Defendant with the following content that the Plaintiff would be processed in KRW 226,320,000 between the Defendant and the Defendant at KRW 9,430:

(hereinafter referred to as “instant primary contract”). Article 2 (Order and Delivery) of the instant contract (the Defendant) of the instant case must manufacture products in accordance with the instant separate contract and work order by the intermediate omission, and complete the delivery within the delivery period set by the Plaintiff.

Article 12 (Method of Payment of Price of Goods to be Delivered to the Defendant by the end of the following month for products supplied from the first to the 30th day of the following month, which have been supplied to the Defendant by 50% until the end of October on the date of delivery on the details of processing (the second half of male and female), Article 12 (Method of Payment of Price of Goods to be Delivered to the Defendant by November 15)

Article 14 (Reasons for Cancellation of Contract). (2) When the defendant is deemed to have the ability to supply or deliver all or part of the goods within the payment period under Article 2 without faithfully performing his/her duty, without performing his/her duty.

C. On November 5, 2012, the Plaintiff entered into the instant secondary consignment processing contract between the Defendant and the Defendant with the following content that the Plaintiff would be processed in KRW 12,000 between the Defendant and the Defendant at KRW 158,40,00.

(hereinafter “instant secondary contract”). Article 2 (Order and Delivery) The Defendant shall manufacture the product in accordance with the instant separate agreement and work order in the middle omitted, and complete the delivery within the delivery period set by the Plaintiff.

Article 12 (Method of Payment of Price of Delivered Goods) ① The Plaintiff shall bring 50% from the date of delivery on November 25, 25 to 30, and the remaining 50% from December 15.).

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