(영문) 서울중앙지방법원 2018.05.25 2016가합580079

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(영문) 서울중앙지방법원 2018.05.25 2016가합580079

손해배상(기)

Text

1. The Defendant’s KRW 6,693,00 for the Plaintiff and 6% per annum from April 25, 2018 to May 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells petrochemicals and textile products, etc. by planning the location, pattern, etc. of the original group ordered by the garment manufacturing business chain and ordering the original group to the original manufacturer. The Plaintiff is a so-called consortium company that is supplied with it and supplies it to the ordering unit.

B. Around 2009, the Plaintiff changed its trade name to C Co., Ltd. (hereinafter “C”), a student uniform manufacturing company (hereinafter “B”), following the change of the purchase contract.

hereinafter referred to as “C”

(E) and E Co., Ltd. (hereinafter “E”);

A) In order to supply each part of the students’ uniforms to the Defendant, the Plaintiff provided the original unit design drawings to the Defendant, and the Defendant provided the original unit supply contract to the Defendant to produce and supply the students’ uniforms according to the above design drawings (hereinafter “instant contract”).

(2) On April 21, 201, the Plaintiff and the Defendant entered into the instant contract as a written contract while making a transaction pursuant to the written order without any separate contract.

The contents of the instant contract pertaining to the instant case are as follows.

Article 2 A contract for the formation of a contract shall be concluded by delivery and mutual agreement of the order to the defendant.

Article 3 Delivery

1. The defendant shall be deemed to have completed the delivery by delivering the goods to the designated delivery place of the plaintiff within the payment period specified in the contract.

2. The defendant must inform the plaintiff of the reasons and the date of delivery in consultation with the plaintiff where the delivery is anticipated or the reasons for delay arise.

Article 6 Payment of Price

1. Payment method: A payment shall be made in cash or by a check issued by another person within a payment period;

2. Payment period: The sale price shall be the condition that the plaintiff pays to the defendant by the end of the following month after the end of the month.

Article 7 (Cancellation of Contracts) The defendant does not require the plaintiff's highest or other speed when any of the following grounds arises:

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