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(영문) 대구지방법원서부지원 2015.07.16 2014가단13390
매매대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The Plaintiff is a person who supplies the original body with the trade name of C, and the Defendant Company is a company that produces clothing products by processing the original body, and the MM Design Co., Ltd. (hereinafter referred to as “Nonindicted Company”) is a company that supplies clothing products, etc. and operates wholesale and retail business.

On April 25, 2014, Nonparty Company was decided to take a preservative measure in the rehabilitation procedure.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 4, 5, 7

2. The assertion and judgment

A. 1) On October 24, 2013, the Plaintiff received orders from the Defendant Company for the instant headquarters, and on December 2013, 2013, the Plaintiff received orders from the Defendant Company to KRW 55,98,900 from the Defendant Company (name 100% POLY MESY, Standard 58/59, total quantity of KRW 11,065, unit price 4,600, hereinafter referred to as “the instant headquarters”).

(2) Since the Defendant Company supplied the original unit, the buyer purchased the original unit of this case from the Plaintiff Company is not the Defendant Company, but the Defendant Company directly received and processed the original unit of this case from the Plaintiff under the direction of the Nonparty Company, and only delivered the finished product to the Nonparty Company.

B. In fact, on August 30, 2013, the non-party company requested the Defendant company to manufacture the clothing product in the manufacturing process of finished products (the manufacturing process of the raw materials and supplementary materials necessary for the production of the product by the producer in a lump sum), and thereafter C.M.T. method (the non-party company purchased the main raw materials and supplementary materials necessary for the manufacture of the clothing and procured them from the Defendant company, and the Defendant company modified the manufacturing method of the clothing product to supply them to the non-party company after the purchase by the Defendant company only some of the raw materials that were procured from the above materials and then the production was made. The original part of the instant case was for C.M.T. method.

[The CMF management card (No. 2 No. 1) between the Defendant Company and the Nonparty Company is indicated as “Styleno. EJ1-CT98, a quantity of 5,000,” etc.

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