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Reasons
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(영문) 부산지방법원 2018.09.04 2016가단312437
손해배상(기)
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1. As to KRW 11,497,60, and KRW 5,497,60 among them, the Plaintiff (Counterclaim Defendant) shall have against the Defendant (Counterclaim Plaintiff) the amount of KRW 11,497,60.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff is a person operating a “D” company that is engaged in the original group sales business or clothing manufacturing business in Busan Dong-gu, Busan, and the Defendant is a person who actually operates the “F” company that is engaged in the original group processing business in Daegu-gu, Seo-gu. (hereinafter “Defendant company”).

B. The method of transaction between the original Defendant and the Defendant: (a) from October 2013, the Defendant ordered the original process to the Defendant; and (b) the Defendant supplied the original process to the Plaintiff or the Plaintiff’s designated person within the fixed period; (c) as a processing fee to be paid by the Defendant, ① in the event that the Plaintiff purchased the original unit and processed it to the original unit supplied by the Defendant, the amount of KRW 2,200 per one unit (which was reduced to KRW 2,00), and ② in the case of the original unit purchased by the Defendant, the amount of KRW 4,100 per one unit (which was reduced to KRW 4,000).

C. (i) The Plaintiff supplied the original unit’s supply from October 5, 2013 to October 21, 2013, as indicated below, purchased and supplied the Defendant a total of 13,871 Camps in the case of CM60S Won, and POLY190T Won Group as listed in the following table.

On October 5, 2013, CMF 60S GY (Color) 1,973 BRN 4,974 NVV 3,03 on October 5, 2013, POLY190T BLK (test color) 9,805 on October 18, 2013, 370 NY GY (Color color) 364 in color 3,157, and 4,974 NYG 4,973 in color) were supplied to the Plaintiff from October 21, 2013 to October 2014, 2015, or the Defendant supplied the Plaintiff with the goods purchased by the Plaintiff from October 21, 2014 to October 21, 2015 without any dispute between the Plaintiff and the Defendant’s delivery and purchase of the goods to the Plaintiff from October 21, 2014.

The sum of the supply values of the balance before the transaction time 1 April 1, 2014, 1,476,000 on April 1, 2014, 200 March 1, 2014.

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