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(영문) 서울동부지방법원 2016.10.11 2014가합104504
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) A: (a) KRW 110,178,539 against the Plaintiff (Counterclaim Defendant) and its related amount from April 1, 2014 to May 16, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) The Plaintiff entered into a contract between the Plaintiff and Pmama Korea (i) with Fama Korea (hereinafter “Fama Korea”) on November 26, 2012, when entering into a product supply contract with Fama Korea Limited Liability Company (hereinafter “Pama Korea”).

Article 3 (Price Payment Terms) When Fama Korea inspects the products supplied by the Plaintiff and takes over without objection, Pama Korea shall pay the price for the products on the 25th of the following month from the date of the tax invoice.

Article 6 (Inspection)

1. The Plaintiff shall be equipped with the preparation for inspection of the manufactured goods, and shall undergo the inspection conducted by a person designated by Purma Korea or Purma Korea.

Article 7 (Disposal of Disqualified Successful Applicants)

1. The products produced shall be classified into products which can be shipped normally in accordance with the standards for inspection of Food Korea and products which are impossible.

Provided, That the products that can be repaired or supplemented among the disqualified products shall be disposed of in consultation with the Food Korea and the plaintiff.

2. The Plaintiff must destroy products, the settlement of which is impossible due to the failure decision.

Article 11 (Supply of Goods)

1. The delivery of a product shall be limited to the quantity that has passed the inspection of Food Korea.

(2) Around December 2013, Pama Korea offered that Pama Korea will sell to the Plaintiff at Dh home shopping, with three colors of Pamaz 3 to 48,500 [Along with 16,500 color (unit price of 11,500 won) color 15,500 won (unit price of 11,400 won) color 16,500 won (unit price of 11,400 won) color] 3 color 3 color 3,16,500 [Along with 11,400 won), 300 won for female Pamaz 3 color 16,500 [Along with 11,200 won) color 5,600 won (unit price of 11,200 won)] 5,300 won for male products and 301,500 won (unit price of 3000 won for male products and 1500 won) color of this case].

B. The plaintiff and the defendant A.

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