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(영문) 서울서부지방법원 2015.12.24 2015가합762
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. G is a person engaged in the business of manufacturing and selling hair in China with the trade name “H,” and the Plaintiff was living with G in China.

Defendant B Co., Ltd. (hereinafter “Defendant B”) is a company that imports, processes, and sells the hair, and Defendant C is the actual owner of Defendant B as the husband of the representative director I of Defendant B.

The Intervenor D is a spouse under the law of G, and the Intervenor joining the Defendant (hereinafter “ Intervenor”) E and F are G’s children.

B. On July 7, 2014, G: (a) on the trade name “H”, sold to Defendant B, Defendant B, the sample of fex, and Chapter 5-Class 6, to the 1,615 (RMB and the People’s Republic of China monetary unit) (RMB); (b) around that time, on five occasions from August 18, 2014, 7,200 Maunca three (300), 1,620 (12), 12-Class 2, and 5-Class 90, each of which was supplied to Defendant B, respectively.

C. As seen above, G entered into a contract on July 20, 2014 with the following content by holding that the sample was the representative of H while supplying the sample of the master products to Defendant B.

(hereinafter referred to as the “instant supply contract”). The contract (joint) representative of Defendant B Company I (C) H representative G1) facilitates ordering and supply of materials and contract processing orders in 2014.

2) Omission 3) It must be supplied as the same as the sampling (SAPLE) of the ordering site. If quality is deteriorated than the sampling (SAPLE), the supplier shall be promptly contacted and shall be subject to the following measures:

4) In principle, only a contract processing order shall be subject to final inspection and supply by the ordering entity.

6. The inferior quantity of materials may be returned and exchanged, and shall be returned within one week after the delivery.

Defendant B Co., Ltd. (hereinafter “Defendant B”) on August 4, 2014, 500 Blust S 500, 1,500 plus S 1,50.

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