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(영문) 서울남부지방법원 2017.10.27 2016가단254416
손해배상(기)
Text

1. The Defendant’s KRW 10,989,990 for the Plaintiff and 5% per annum from December 15, 2016 to October 27, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who sells his personal clothes directly designed on the Internet, under the trade name of “C”, and the Defendant is a person who produces and supplies personal clothes under the trade name of “D.”

나. 원고는 2016. 8.경부터 10.경 사이에 피고에게 해리포터 세트(여자교복, 남자장군복, 해리포터 4종) 시제품 및 완제품, 셔츠세트 완제품, 크리스마스 세트(성탄트리복, 퀼팅패딩) 시제품 등 총 9종에 해당하는 인형옷의 시제품 및 완제품의 제작을 의뢰하는 총 대금 13,060,000원의 각 납품계약을 체결하였다.

C. According to a contract, the Plaintiff paid the Defendant KRW 485,340 of the price for the nautical miles test on August 13, 2016, KRW 900,000 of the price for the finished product of Potst on September 21, 2016, and KRW 6,530,000 of the down payment for the finished product of Potst, and KRW 386,650 of the cost for the Chman’s prototype product on October 3, 2016.

The Defendant manufactured a prototype different from the prototype requested by the Plaintiff with respect to nautical nautical nautical nautical nautical nautical nautical nautical nautical miles, and requested the manufacture of a finished product directly by the Plaintiff, but only part of the prototype was manufactured as a design different from the prototype requested by the Plaintiff, and then manufactured it as a design different from that of the prototype. 3) Churma Doz decided to manufacture and deliver only one of the prototype as a design other than a design agreed upon. E) Although the Plaintiff demanded correction of the prototype manufactured in part on several occasions and notified the Defendant of the production of the product identical to the agreement, the Defendant refused to manufacture it. On October 7, 2016, the Plaintiff notified the Defendant of each supply contract on the grounds that performance impossibility due to the Defendant’s refusal to implement the contract was not revoked.

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