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(영문) 서울중앙지방법원 2016.10.20 2014가합578690
손해배상
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is the defendant (Counterclaim plaintiff) with 1,022,470.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures and sells the clothing with the brand called “luxur”, and the Defendant is a company that manufactures and sells clothing.

B. The Defendant supplied 8 goods including 4LFT 104, 4LFT 105, 4LFPT 123, 4LFS Q102 (hereinafter “instant product”, and 4LFS Q102 (hereinafter “instant product”) under the order of the Plaintiff for the manufacture of the clothing of spring 1014 spring 2014. The Defendant supplied 121,984 (total delivery 2,273,45,360 won) of the goods including 2,273,980,060 won in total if the order is added to 524,70 won in total.

The Plaintiff drafted a work order on October 21, 2013 (104, 105, 123 goods) and October 30, 2013 (102 goods) with respect to the instant goods. The instant goods were supplied with 104 goods 48,767, 105 goods 21,960, 123 goods 23,099, 102 goods 25, 119,347 in total, and 119,347 from January 29, 2014 to March 13, 2014, and the instant goods were supplied with quality inspection orders from the IT Examination Research Institute based on the work order and the work order taken from the IT Examination Research Institute during the period from January 29, 2014 to March 13, 2014.

A: The plaintiff and the defendant 1: The main contract for the purpose of this Article is to set forth in the supply compliance agreement under Article 2, which provides for the basic matters for Gap to request Eul to manufacture the goods and deliver the goods entrusted to Eul without any defects and for Gap to pay the price (hereinafter omitted).

1. The item, size, quantity, unit price, amount of delivery, date of payment, place of delivery, etc. of products shall be governed by the written agreement of delivery to be concluded separately for each case;

3. If a written agreement on delivery is not concluded separately, the written order for work shall be substituted by a written agreement on delivery; and

Article 3 Manufacture of Products

1. Eul shall be produced only at the factory which was approved in advance by Gap, and in the case of being produced at an unapproved factory, the amount equivalent to 20% of the normal consumer price shall be refused to deliver or to be determined.

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