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(영문) 서울고등법원 2020.01.15 2018나2068330
물품대금
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff is a personal business entity that produces mobile phone case in the name of “C,” and the Defendant is a company that develops and produces IT consumption products, and D companies (D companies; hereinafter “D companies”) and E companies (hereinafter “E companies”) provide mobile phone cases to F with U.S. F collaborative companies.

B. Around July 2014, the Plaintiff entered into a contract with the Defendant to develop a gold model for the production of G and H mobile phone case (the gold development cost is borne by the Defendant) and to supply it to the Defendant after producing the mobile phone case (the gold development cost is borne by the Defendant).

(hereinafter “instant contract”). C.

The Defendant agreed to re-supply the case of G and H mobile phone from the Plaintiff to the Company D and E, and the Plaintiff supplied the Defendant, from October 2014 to January 2015, 231,602 of the I mobile phone case (hereinafter “D Company case”), and 256,190 of the I mobile phone case (hereinafter “E Company case”) to be supplied by the Defendant to the Company from August 2014 to February 2015.

Since then, the defendant supplied the above mobile phone cases to D and E companies, and D and E companies supplied mobile phone cases to F.

(hereinafter referred to as “instant product,” in total of the aforementioned mobile phone cases, D.

However, in the case of the D Company, the co-rating has been exceeded in the case of the D Company, and the number of consumers' refund has increased rapidly, and F decided to return the inventory of the above case to the Supplier.

E. On March 26, 2015, E company sent an e-mail sent to J, which brokered Defendant and E company, an 96,676 of the defective mobile phone case, and the damage amounted to USD 304,485.53.

F. D Company receives a return from F on September 22, 2015 from the Defendant on September 22, 2015 (116,896).

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