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(영문) 서울중앙지방법원 2016.06.16 2015가합25278
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 1,097,771,950 as well as 15% per annum from November 21, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a company whose main purpose is to manufacture and sell clothes and miscellaneous articles.

The Defendant changed the trade name on March 31, 2015 from “EXE Korea Co., Ltd.” to the present trade name, as a company aimed at manufacturing, importing, and selling new shoes, clothing, and supplies.

B. The Plaintiff has been engaged in the transaction of manufacturing and supplying clothing products, etc. ordered by the Defendant.

On February 19, 2013, the Plaintiff entered into a supply transaction agreement with the Defendant with the content that the Plaintiff produces and supplies the products, such as the ES-specific board clothes with the Defendant’s trademark attached, the ES-EX Taekwondo organization clothes, etc.

(hereinafter “instant supply contract”). The term of the instant supply contract is one year from the date of conclusion of the contract, but it was automatically extended for one year unless either of the notice of termination is given at least one month prior to the expiration of the contract.

C. The Defendant supplied the eXR’s unique advertising clothes and EXR Taekwondo organization uniforms (hereinafter “special advertising goods”) to the hin language with the hin language Korea Co., Ltd. (hereinafter “Sein language”), and the hin language traded the hin’s unique advertising goods.

Around January 1, 2014, the Defendant and the Sejong entered into a contract for the special goods with the end of December 31, 2014 in order to determine the relationship between the rights and obligations of both parties in the transaction of the special goods.

(hereinafter referred to as “instant contract”). D.

In the meantime, the Plaintiff, the Defendant, and the Gain traded special goods by the end of 2014, ① special goods have been produced by the Plaintiff and supplied directly to the Gain without going through the Defendant, and ② the price of goods has been transferred to the Plaintiff part of the claim for the price of goods against the Gain and received directly from the Gain by the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including virtual numbers; hereinafter the same shall apply), Eul evidence No. 1, and the purport of the whole pleadings.

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