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(영문) 의정부지방법원 2020.09.18 2017가단120462
손해배상(기)
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 33,529,928 against the Plaintiff (Counterclaim Defendant) and its related amount from November 17, 2017 to September 18, 2020.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with the purport of Gap evidence 1 to 5 and all pleadings:

The Defendants, as married couple, operate the “D”, which is a clothes processing company.

B. On May 2017, the Plaintiff completed the utility model registration for “E” and registered “F” as a trademark to be used in the production of shocking products, and completed the business registration for clothing wholesale and retail trade in the trade name of “G”.

C. On June 28, 2017, the Plaintiff and Defendant B agreed to produce the shock clothes developed by the Plaintiff (hereinafter “the instant shock clothes”) in D, and drafted the “Agreement on the Production of Fislow-proof OEM of the said uniforms,” which was set out as of July 31, 2017, on the amount of KRW 33 million with respect to the amount of KRW 400,000,000,000,000 for female employees, and the amount of KRW 20,000,000,000,000,000,000.

(hereinafter “instant contract”). 2. Determination

A. The party’s assertion 1) The Plaintiff’s instant contract was rescinded due to the delayed performance of the Defendants.

In particular, although the Defendants are able to produce and publicize the final sampling of the products, they delayed the production of sampling.

B) The Defendants’ instant contract was rescinded due to the Plaintiff’s delay of the performance. In particular, the Plaintiff’s error delayed storage of original and subsidiary materials, and the payment period has been delayed. Nevertheless, the Plaintiff unilaterally reversed the contract. Nevertheless, the process of manufacturing the clothes was first requested by the truster to a sample company to produce the sample pattern, and the produced sample sample pattern was made in the course of manufacturing samples at the sample sample company if the produced sample pattern is over the sample sample company, and if the correction was made in the process, the correction was requested to the sample company, and the final sample is completed, and the final sample is completed, and if the final sample, sample, sample, and description are over the processed factory, the production will become complete.

However, in this case, the plaintiff, the truster, is a paramount.

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