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(영문) 서울중앙지방법원 2018.04.13 2016가합563883
물품대금
Text

1. As to KRW 59,359,912 and KRW 42,213,112 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 17,146,80.

Reasons

1. Basic facts

A. The Plaintiff is a corporation with the purpose of manufacturing clothes, etc., and the Defendant is a corporation with the purpose of manufacturing and selling leisure sports supplies.

On May 201, the Plaintiff entered into a continuous contract for the supply of sports clothes, etc. produced by the Defendant and the Plaintiff to the Defendant.

[The current status of goods] Products: K - Quantity of seven products other than crowdfunding (for children): 14,211: 508,736,700 won

1. Bluckingk will accept 228,931,515 won in an amount equivalent to 45% of the total stock cost produced by the Big tank 508,736,700 won;

2. Blukes shall grant a preferential negotiating right to Big Data in a case of production process related to a special plate and, if there is no mutual difference or problem, be manufactured first.

For this reason, except in special cases, booms shall endeavor to ensure that the big assistance company can produce preferentially a supply case acquired by the big assistance company by carrying out its own business, and it shall also be carried out under mutual agreement.

Provided, That in principle, production sampling, QC, and production progress shall be conducted after the written consent of the black field, and additional production and distribution in addition to the quantity of supply shall be compensated for 20 times the production cost, and in case of violation, the contract shall be nullified and the contract shall be held invalid and shall be liable for any civil or criminal law at the same time.

3. In principle, re-contracts shall be made every year in relation to the above-mentioned matters on an annual basis, and an automatic extension shall be made in principle unless there is any particular matter between the two generations

Provided, That the subject of production priority negotiations shall be excluded if any matter that fails to meet the production standards, such as product defect rates, occurs or is subject to conditions.

B. Meanwhile, on May 13, 2015, the Plaintiff and the Defendant drafted a performance agreement on the supply of goods as follows:

(hereinafter) The agreement entered into between the Plaintiff and the Defendant (hereinafter referred to as “instant agreement”). [The grounds for recognition] did not dispute, and the number of evidence Nos. 1 and 3 is included in the number.

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