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(영문) 서울남부지방법원 2016.07.14 2015가합1162
양수금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Defendant B operates the clothing processing company between Co., Ltd. and the Defendants, and Defendant C operates the clothing processing company between F, and Defendant B and the above E as a partnership business while operating the clothing processing company between F.

The Defendants entered into a contract on July 1, 2013 with D Co., Ltd. (hereinafter “D”) for the manufacturing of clothing products ordered by Dongin Sports Co., Ltd. (AV) in Vietnam, with the following contents:

Article 1 (General Provisions) E shall entrust the processing of finished products to D, D shall supply finished products processed in accordance with the standards agreed upon in the order of E to D, and E shall pay proceeds for the products taken over by inspection in accordance with separate contracts (a separate contract).

Article 2(1)D shall commence the work after making samples of the product in accordance with the separate order of E and obtaining the approval of E before commencing the work. 3) D shall notify E at least one week prior to the due date for payment if it is impracticable to deliver the product within the due date due to inevitable circumstances of D.

Provided, That only the consulted cases may be exempted from damage compensation.

Article 6 (Payment of Price for Goods) E shall be based on the settlement of the price for goods supplied by D as of the end of the following month after the end of the last day of the month following the end of the separate closing base of E.

It is possible to change when mutual consultation between E and D exists.

-) The term of validity of this prime contract under Article 15 (Effective Period) of the Advance Payment and Payment Date Change is for the next one year on the basis of the date of the contract, and if one of the parties does not notify the other party of the termination two months before the expiration date, it shall be automatically extended one year on the basis of one-year basis. D and the Defendants processed the furned product using materials, such as the original body provided by D from July 2013 to July 2013, using the furned product provided by D from the Defendant C, and then the Defendants (E supplied the Defendants)

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