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(영문) 의정부지방법원 2015.12.04 2013가합71460
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a company that manufactures clothes and engages in wholesale and retail business, etc., and the defendant is the representative of "B" as a garment and miscellaneous manufacturing company.

B. 1) The Plaintiff entered into a contract for discretionary processing with the Defendant, when the Plaintiff entrusted the Defendant with the production of the Asia’s clothes, the contract is concluded between the Defendant and the Defendant that the Defendant would make the products and deliver them to the Plaintiff in accordance with the Plaintiff’s work instruction (hereinafter “instant contract for discretionary processing”).

(2) The key contents of this case are as follows.

Article 2 (Order and Delivery) The defendant shall approve each provision of this Agreement set forth by the plaintiff, manufacture the products in accordance with the special agreement of a lottery issued by the plaintiff and the work instruction, and complete the delivery within the delivery period set by the plaintiff.

Article 4 (Time-limit for Supply) The plaintiff shall set the ordered payment period by item and the payment period by item shall be in accordance with Article 2.

Article 8 (Handling of Defective Products) (1) The Plaintiff may return or dispose of the products supplied by the Defendant where the defective quality has occurred due to the defect of quality, etc. among the products supplied by the Defendant. 2) In the case of the preceding paragraph, the Plaintiff may request the Defendant to repair the products deemed capable of repair, and the Defendant shall deliver the products to the Plaintiff upon completion of repair.

Article 10(1) If the Defendant fails to perform the payment period promised to the Plaintiff, he/she shall file a claim for CLAIM as follows: (2) In cases of delay in the payment period that may arise due to the Plaintiff’s cause attributable to the Plaintiff, such as the confirmation of raw and subsidiary materials, delay in supply, design change, etc., the Defendant shall not be liable for the payment period; and unit price payment period, etc. shall be adjusted through mutual consultation.

It is inevitable to delay the payment period adjustment, color change, etc. due to the prior notification of 20 days prior to the due date for the non-performance of the mutually agreed payment standards for CLAIM management requirements.

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