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(영문) 서울중앙지방법원 2018.11.16 2017가합568946
손해배상(기)
Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 400,000,000 and its amount, the Defendant (Counterclaim Defendant) from August 30, 2016 to October 31, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. C Co., Ltd. (hereinafter “Plaintiff”) entered into a management right acquisition agreement with E Co., Ltd. (hereinafter “E”) to acquire 61,200 shares of E (51%) KRW 61,70,000 of shares of E, on July 19, 2016, with the purpose of cosmetic import/entry business, wholesale/ retail business, etc. (hereinafter “E”), on March 31, 201, and June 5, 2018.

B. On August 18, 2016, the Plaintiff entered into a goods supply contract with the Defendant with respect to “FS”. The details are as follows.

(hereinafter “instant commodity supply contract”). Article 3 [Sales Area and Distribution Channels] (1) The Plaintiff may sell the goods in an area specified in the contract between the Defendant and the Plaintiff. The supply price agreed between the Plaintiff and the Defendant shall be stated separately in Annex 5-1 of the incidental agreement. Article 5 [production and Payment Period] (Article 5] The Plaintiff shall request a 'F Makk' order with the order form (including the week of issuance, quantity of production, date of delivery, place of delivery, etc.) and the Defendant shall notify the delivery schedule in writing within three days after receipt of the order form and comply with the payment period.

2) In extenuating circumstances, where the Defendant is unable to comply with the delivery quantity and delivery date, the relevant specific quantity and the scheduled date of delivery must be notified in writing to the Plaintiff in advance and the consent should be sought. Article 6 [Goods Delivery] The Defendant shall transfer the “FEk” ordered by the Plaintiff to a place (the Plaintiff’s warehouse) in the Republic of Korea designated by the Plaintiff. Article 7 [The Plaintiff under the settlement terms] shall pay 50% of the down payment at the time of the fixed quantity order within 3 days after the order was issued by the Defendant, and it is recognized that there is no error in the supplied product by examining whether the goods are consistent with the items and the quantity specified in the order after receiving the goods and whether there is any defect in the products.

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