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(영문) 서울남부지방법원 2013.12.13 2012가합102132
손해배상(기)
Text

1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 18,447,820 as well as its annual interest from April 23, 2013 to December 13, 2013.

Reasons

1. Basic facts

A. On September 3, 2011, Defendant C Co., Ltd (hereinafter “Defendant Co., Ltd”) and the Plaintiff entered into a purchase contract with the following details, which is the wife of Defendant B (hereinafter “Defendant Co., Ltd”).

A: Defendant Company (Purchaseer) C: Plaintiff (producer) A and B shall be purchased and supplied under the following terms and conditions:

1) The unit price shall be determined in consultation with A and B, and the cost (80%) after the determination shall be paid to C by credit and the difference shall be paid in cash 45 days after the date of entry (customs clearance) to B. (5 days following the date of payment) 20% shall be deposited into the account of B or into the account designated by B. (3) due to the delay of the date of shipment.

4) The payment period shall be determined after consultation with Gap and Eul, and the amount of payment shall also be extended to 30 days if the delay in the payment period causes interference to Gap's sales (total 75 days). 5) Open Credit shall be open after consultation with Eul and Eul.

(6) The defective goods entered into the Republic of Korea shall be returned to the producer and repaired during the period of repair (Provided, That the cost of repair in the Republic of Korea shall be borne by the producer.

(B) B. B. From August 18, 2011 to February 17, 2012 (based on customs clearance date) the Plaintiff is the Defendant, a Chinese company, QINDH UNFINERY CO. LTD. (hereinafter “e-mail”).

) The clothing of 16,789 points produced by it (hereinafter referred to as “instant clothing”) is referred to as “the instant clothing”;

supplied. [The fact that there is no dispute over the grounds for recognition, the entry of Gap evidence Nos. 2 and 3, and the purport of the whole pleadings.]

2. Determination as to the claim against the defendant B

A. On August 201, the Plaintiff asserted that the Plaintiff entered into a contract with the Defendant Company for the supply of clothing, etc. to the Defendant Company orally, around early August 201, and entered into the instant purchase contract under the name of the Defendant Company in writing on September 3, 2011.

All the matters concerning the order and payment of the goods under the purchase contract of this case were made by Defendant B.

Therefore, it is true.

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