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(영문) 서울동부지방법원 2017.06.22 2016가합107163
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The Plaintiff is a company of the Republic of Korea that is engaged in the manufacture and sale of textile products and textile components, and Defendant B LITD (hereinafter “B”) is a company of the Hong Kong nationality that is engaged in the manufacture and sale of textile products and textile components, and Defendant CCITRD (hereinafter “C”) is also a company of the English nationality that is engaged in the manufacture and sale of textile products.

In fact, the defendant companies are actually performing duties such as contracts as the representative of the D director.

(2) The Plaintiff received an order for the production of clothing of 249,266 punishment, in total, with the “TAIOR VINGE” labels attached from Eiuride (ECITRED; hereinafter “E company”) located in Hong Kong companies located in China, from March 2015 to April 2015.

Accordingly, the Plaintiff, in order to manufacture the clothes, excluded from Indonesia a food processing company (F; hereinafter referred to as “preception processing company”), entered into a contract for the supply of clothing with the content that the goods ordered between E and E are produced and supplied through the above processing company from July 2015 to September 2015, and that the goods would be paid USD 1,722,852 as the price for the supply of clothing.

(hereinafter “instant clothing supply contract”). On April 22, 2015, the Plaintiff requested the Defendants to supply the said original parts to the processing company upon ordering the original parts of “COTON FLBACK RIB” (hereinafter “instant original parts”) 213,512 kids and accessories necessary for the manufacture of the said clothing.

(B) Around August 2015, the Plaintiff and Defendant C entered into a supply contract with respect to the instant original body, which was ordered as above, and the Defendants began to supply the instant original body from July 2015 to the clinical processing company, in accordance with the above order. The Defendants, from July 2015, began to be supplied with the instant original body. The Plaintiff and Defendant C, as a result, was dried after milching of the raw body supplied by E companies with dynasiums, rooms, and dynasiums.

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