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서울고등법원 2020.07.16 2020나2012637
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is operating the Internet shopping mall (D) called “C” as a company that sells clothing and cosmetics, and the Defendant is a company that manufactures, processes, sells wholesale and retail business.

Article 2 (Definition of Terms) (1) The terms used in this Agreement shall be as follows:

3."Sample" means a sample produced in small quantities in advance to verify in advance the quality, condition, etc. prior to the production of clothing, etc.;

(2) The definitions of terms not defined in this Article shall be in accordance with relevant Acts and subordinate statutes and commercial practices.

Article 4 (Scope of Business) (2) The defendant shall make best efforts to supply the relevant clothing, etc. to the plaintiff in compliance with the terms and conditions of mutual agreement.

(5) The defendant shall produce samples of the quantity requested by the plaintiff on the basis of pre-produced samples.

(8) When manufacturing clothes, etc., the defendant may make a request for verification as to the clothing manufactured to the plaintiff from time to time, and the plaintiff shall promptly determine the defendant's request and notify the relevant details. If the plaintiff's response is delayed, the delivery date may be postponed as much as the delayed period.

(10) The plaintiff shall verify whether the clothing, etc. supplied within 30 days after receipt of the clothing, etc. is defective and request the defendant to process defects.

The plaintiff and the defendant shall be deemed not to have any defect if no defect is notified within the same period.

1) The defendant is justified in the plaintiff's request

Where it is judged, the preferential repair shall be made in principle, and if it is not resolved thereby, the manufacturing price for the relevant product shall be refunded to the plaintiff.

B. From February 2017, when the Defendant received a request from the Plaintiff for the supply of the goods by individual order, and supplied the Plaintiff with the goods, such as Titts and Cheongba, the Defendant concluded a contract on May 12, 2017 with the Plaintiff for the manufacture and supply of clothing, etc. (hereinafter “instant contract”).

C. The instant case.