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(영문) 의정부지방법원고양지원 2016.02.18 2015가단74766
손해배상(기)
Text

1. The Defendant’s KRW 82,38,917 as well as 6% per annum from July 17, 2015 to February 18, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that manufactures and sells cosmetics, and the defendant is a plastic container manufacturing company.

B. On October 2, 2014, the Plaintiff entered into a cosmetic supply contract (hereinafter “instant cosmetic supply contract”) with the seller of cosmetics in Vietnam (NHAT AHNSS and TRAING COD; hereinafter “instant buyer”).

① The Plaintiff offered cosmetics to the instant buyer according to the contract list, and the unit price is agreed by both parties after the instant buyer approved the quality, design, and package of the Plaintiff’s product.

② Until December 20, 2014, the delivery date ③ USD 5,000, the intermediate payment: The two parties shall pay 30% of the contract price after the unit price of the product, quality, design, and packing agreement, and any balance: the buyer shall pay 70% of the remainder after the buyer receives from the Plaintiff the documents of negotiable securities for shipment of the product.

On November 11, 2014 and December 3, 2014, the Plaintiff and the instant purchaser agreed to the specific quantity and price under the above cosmetics supply contract as follows:

① The number of November 11, 2014.13,50 US$89,400; ② the additional volume of December 3, 2014. 9,00 US$57,150; USD 22,500; USD 146,550 in total; and USD 146,550 in total.

D. In order to implement the above cosmetic supply contract, the containers of cosmetics consist of four pages, ① skin and fashion 140ml (hereinafter “one container”), ② 50g g cream container (hereinafter “two g cream container”), ③ 50ml Pib container (hereinafter “three ml”) and ④ 30ml dump container (hereinafter “four dump”).

E. On December 2, 2015, the Plaintiff requested the Defendant to produce the above container, and received a estimate of KRW 28,860,000 for the total price of KRW 400 for the container No. 400 (No. 28,860,00 for the container No. 6,00 for the container No. 2,00 for the container No. 3,000 for the container No. 3, 400 for the container No. 400.

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