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(영문) 서울동부지방법원 2020.02.04 2019가단131641
물품대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. Of the costs of lawsuit.

Reasons

1. Determination as to the principal lawsuit

A. The Plaintiff asserted that the Defendant offered to the Plaintiff to jointly carry out business for the design and production of home shopping broadcasting products for the purpose of selling home shopping broadcasts, together with that, the Defendant paid KRW 5,00,000 as the starting money, which provided that the Defendant bears all the expenses, including design DNA hosting process, and divided sales profits as to the design and pay for the production at the end.

The plaintiff produced and supplied samples several times with broadcasting parties and design planners, but the defendant requested the production of new samples continuously changed and notified the suspension of the project unilaterally because he/she refused consultation on the progress of the project.

A defendant shall pay 12,039,385 won, excluding the retainers of KRW 5,00,000,000, out of the costs of production of clothing (i.e., parpathy sampling, sampling, etc.) 17,039,385.

B. However, it is not sufficient to acknowledge that there was an agreement between the Plaintiff and the Defendant on the joint project agreement and the repayment of expenses as asserted by the Plaintiff on the sole basis of the statements in Gap evidence Nos. 4 and 8, and the testimony of witness C is insufficient. Furthermore, it is difficult to recognize that the entries in Gap evidence Nos. 2 and 5 submitted by the Plaintiff were the aforementioned expenses for the production of sampling samples by the Plaintiff, and there is no other evidence to acknowledge them.

Therefore, the plaintiff's assertion on the main lawsuit is without merit.

2. Judgment on the counterclaim

A. The Defendant made the Defendant’s argument and supplied TV home shopping to the Plaintiff. The Defendant requested the Plaintiff to manufacture the sample sample of softing clothes with the inner and outer fee charging system separated from the ethy pans with the ethic ethic ethic ethic ethic ethic ethic ethic eths, and paid KRW 5,00,000 to the Plaintiff. The Plaintiff did not perform its obligation such as supplying the ethic ethic ethic e.g., which is not the Defendant’s product. In the end, the Defendant did not perform its obligation to the Plaintiff.

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