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(영문) 서울북부지방법원 2018.08.23 2016가합26130
선급금반환 등
Text

1. As to the Plaintiff (Counterclaim Defendant) KRW 12,00,000,000 against the Defendant (Counterclaim Plaintiff), the Plaintiff (Counterclaim Defendant) from February 24, 2017 to August 23, 2018.

Reasons

1. Basic facts

A. On May 25, 2016, the Plaintiff is a company engaged in the manufacturing, wholesale, retail, sale, and distribution of clothing, fashion, etc., and entered into a product supply agreement with C (hereinafter “C”) around May 25, 2016, under which the Plaintiff entered into a contract with C (hereinafter “C”) for the production and supply of DTts for the sale of Posing Pison (hereinafter “instant clothing”).

B. However, C was unable to perform the above contract due to financial difficulties, and the Plaintiff, C, and the Defendant agreed to produce the instant clothing, which is the original contractor of the instant clothing, and thereafter, the Defendant produced the instant clothing.

C. On October 10, 2016, the Plaintiff’s staff, C’s representative, and Defendant’s employees inspected the completion of the instant clothing by going through a business trip from China. The instant clothing was produced as a raw body with luminous and no content (hereinafter “unexplosion”).

Accordingly, the three parties agreed to revise the original parts and to dispose of the products produced from the above inferior parts. D.

On October 14, 2016, the Plaintiff paid advance payment of KRW 100,000,000 to the Defendant, and extended the payment period on October 21, 2016 with respect to the instant clothing of KRW 10,000.

E. Meanwhile, on October 17, 2016, the Plaintiff entered into a contract for the supply of goods, which entered into with C, with the Defendant, and entered into a contract for the supply of goods, which entrusts the Defendant with the manufacture and supply of the instant clothing (hereinafter “instant contract”).

The main contents are as follows:

Article 2 (Production)

1. The manufacture of this product is by work instruction and sample approved by A (Plaintiff).

Article 4 (Supply of Goods)

1. The Defendant (Defendant) shall, in principle, deliver the product under the prior contract at the designated place and time in which A does not defective quality, and both A and B shall proceed to deliver the product after prior consultation.

Article 5 (Inspection of Supply of Goods)

1. A shall, with the cooperation of B, inspect this product at the factory of B and this.

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