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(영문) 의정부지방법원 2017.07.21 2017가합52603
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) the amount of KRW 195,967,00 and the amount of KRW 195,967,00 from August 4, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that sells the clothing, and the Defendant (formerly, Company B) is a company that manufactures nitro clothing, etc.

B. On December 9, 2014, the Plaintiff entered into a contract for the manufacture, supply, and receipt of clothing from C and has been supplied with clothing.

C. Since then, the Plaintiff entered into a contract for the manufacture and supply of nitro clothing (hereinafter “instant contract”) with the Defendant on March 2, 2015, where the wife E is the representative of C representative D in order to place an additional order.

The main contents of the instant contract are as follows.

Article 2 (Amount of Supply, unit price, delivery date, and Ownership): The defendant shall produce, until August 30, 2015, 200, the amount of supplied goods is 200,000 to the plaintiff and shall be kept in the defendant's own warehouse and supplied as requested.

Delivery price: 5,000 won (including value-added tax, polybags, labels and other subsidiary materials) shall be the delivery price.

The delivery date: The defendant shall supply goods between 7 p.m. and 11 p.m. per day and 12 p.m., and the plaintiff shall deliver an order to the defendant no later than 12 p.m., and the defendant shall send the list of delivery prior to 2 p.m.

Ownership: Goods entered into the defendant's warehouse are owned by the plaintiff, and the defendant shall deliver and keep goods according to the plaintiff's error.

When goods are lost, civil or criminal liability shall be borne by the defendant.

Article 3 (Payment for Price) The Plaintiff shall deposit KRW 250,000,000 to the Defendant on March 31, 2015, and KRW 250,000,000 on April 30, 2015 as the fund for the purchase of raw materials.

Article 12 (Termination of Contracts)

1. If the plaintiff or the defendant fails to perform its obligations under this Agreement, the other party shall be notified of the performance within a fixed period of seven days and, if not corrected, the other party may terminate this Agreement by written notification to the other party.

The Plaintiff paid KRW 700,000,000 to C and the Defendant from December 10, 2014 to June 26, 2015. Of them, the amount paid to the Defendant is 487,967.

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