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(영문) 서울북부지방법원 2020.07.15 2019나33942
물품대금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who manufactures clothes, liquid books, etc. under the trade name of “C,” and the Defendant is an individual entrepreneur who manufactures clothes, wholesales, retails, etc. under the trade name of “D.”

B. Around June 8, 2016, the Defendant entered into a supply contract with JJ on the content that the Defendant would supply Class 13 of the “L” brand products to KRW 698,020,000 by August 25, 2016.

Items No. 3,700 E 6,500 11,800 76,700,000 76,6600,000 G 2,300 11,800 43,660,000 2,800 11,800 27,140,00 H 1,90 11,800 22,420,000 22,420,000 17,800 17,600 1,800 200,600, 300, 200, 300, 12, 500, 12, 500, 400, 12, 500, 400, 205, 3005, 305, 2005, 305, 2005, 2005

C. Around June 2016, the Plaintiff agreed with the Defendant to manufacture clothing products to be supplied by the Defendant to J Co., Ltd. as raw materials that the Plaintiff received from the Defendant and deliver them to the Defendant by August 16, 2016.

Since then, the Plaintiff requested the Defendant to adjust the supply volume and agreed to adjust the items and quantities of the clothing products to be supplied to the Defendant on July 2016 as follows:

product numbers (STYYE N.) E 6,500 F 3,700 G 2,300 H 1,900 H 1,900 O 4,000 18,400

D. On July 2016, the Plaintiff supplied 5,293 products and 1,106 products from among the clothing products that the Plaintiff agreed to deliver to the Defendant, as one-lane.

hereinafter referred to as "first supply"

E. On August 7, 2016, the Plaintiff concluded that the processing will be suspended on the grounds that the Defendant presented the unit price which the Defendant could not accept to the Defendant, and that the Plaintiff would receive all the work completion and supplementary materials after price consultation and settlement.

Accordingly, the defendant is next to the plaintiff.

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