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(영문) 서울중앙지방법원 2020.02.12 2019가합555241
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, a company engaged in the business of selling clothes and cosmetics, operates “C” online shopping mall (D). The Defendant, a company engaged in clothing, processing, wholesale and retail, transportation, etc., supplied the Plaintiff with clothing products, such as Titrts and Cheongbbs, upon receiving a request from the Plaintiff for the supply of goods by individual order from February 2, 2017.

B. On May 12, 2017, the Plaintiff entered into a contract for the production and supply of clothing, etc. (hereinafter “instant contract”) with the Defendant with respect to the goods supply transaction as follows.

Article 2 (Definition of Terms) (1) The terms used in this Agreement shall be as follows:

3."Sample" means a sample produced in small quantities in advance to verify in advance the quality, condition, etc. prior to the production of clothing, etc.;

(2) The definitions of terms not defined in this Article shall be in accordance with relevant Acts and subordinate statutes and commercial practices.

Article 4 (Scope of Business) (2) The defendant shall make best efforts to supply the relevant clothing, etc. to the plaintiff in compliance with the terms and conditions of mutual agreement.

(5) The defendant shall produce samples of the quantity requested by the plaintiff on the basis of pre-produced samples.

(8) When manufacturing clothes, etc., the defendant may make a request for verification as to the clothing manufactured to the plaintiff from time to time, and the plaintiff shall promptly determine the defendant's request and notify the relevant details. If the plaintiff's response is delayed, the delivery date may be postponed as much as the delayed period.

(10) The plaintiff shall verify whether the clothing, etc. supplied within 30 days after receipt of the clothing, etc. is defective and request the defendant to process defects.

The plaintiff and the defendant shall be deemed not to have any defect if no defect is notified within the same period.

1) The defendant is justified in the plaintiff's request

In cases where it is judged, it shall be given priority to repair without compensation, and if it is not resolved thereby, the production price for the relevant goods.

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