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(영문) 의정부지방법원 2015.10.07 2014가합6166
손해배상(기)
Text

1. The Defendant shall pay 48,00,000 won to the Plaintiff and 20% per annum from August 26, 2014 to the day of complete payment.

Reasons

Basic Facts

The status of the parties is a corporation that runs wholesale and retail business, such as sports supplies, clothing, and miscellaneous goods, and the defendant is a person who runs wholesale and retail business of sports in the trade name of "B".

Article 2 (Purpose) (1) The plaintiff purchases from the defendant the product completed by entrusting the manufacturing of this product to the defendant.

② The Defendant shall attach the Plaintiff’s trademark designated by the Plaintiff to the main product that was manufactured by consignment from the Plaintiff and deliver it to the Plaintiff.

Article 3 (Formation) (1) The plaintiff shall prepare a letter of order and notify the defendant in writing.

② In the event of the need to modify the specifications of this product, the Plaintiff shall modify the order in consultation with the Defendant.

Article 4 (Order) (1) The Plaintiff orders the Defendant to purchase this product from the Defendant at least two weeks prior to the issuance of the order.

② The Plaintiff does not cancel the order of this product.

Provided, That where the product manufactured by the defendant is defective, the consent of the defendant is obtained, or the defendant fails to observe the payment period, the order may be revoked.

Article 5 (Supply and Delay of Supply) (1) The defendant shall supply the main products entrusted by the plaintiff to the places designated by the plaintiff not later than the date under Article 15 designated by the plaintiff.

② When a situation occurs in which the goods entrusted by the Plaintiff cannot be supplied on the designated date under Article 17, the Defendant shall immediately inform the Plaintiff of such fact and follow the direction of the Plaintiff.

(3) Compensation for damages incurred due to failure to observe the delivery date shall be paid to the Plaintiff by the Defendant, along with the revocation of the order, as stipulated in Article 15.

Article 6 (Methods of Payment) The sale price and the method of payment of this product shall be separately determined after consultation between the plaintiff and the defendant.

Article 12 (Cancellation of Contract) When either the plaintiff or the defendant inflicts losses on the other party in violation of this contract, the other party shall immediately cancel this contract without any notification or peremptory notice.

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