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(영문) 서울고등법원 2018.01.12 2016나2051598
양수금
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

Basic Facts

A. Defendant B operates the clothing manufacturing and wholesale company under the trade name of “E”, and Defendant C operates the clothes manufacturing and wholesale company under the trade name of “F” and Defendant B and the above E as a partnership business.

B. On July 1, 2013, Defendant B entered into a contract with Dongin Sports Co., Ltd. for the manufacturing of the clothing products ordered from Dongin Sports Co., Ltd. (hereinafter the name of the company omitted the indication of the company from the second entry) with D as follows.

Article 1 (General Provisions) E entrusts the processing of finished products to D, D shall supply finished products processed in accordance with the standards agreed upon in the order of E to E, and E shall pay the price for the description of the goods under separate contracts (a separate contract) for the goods taken over by inspection.

Article 2(1)D shall commence the work after making samples of the product in accordance with the separate order of E and obtaining the approval of E before commencing the work. 3) D shall notify E at least one week prior to the due date for payment if it is impracticable to deliver the product within the due date due to inevitable circumstances of D.

Provided, That only the consulted cases may be exempted from damage compensation.

Article 5 (Payment of Price for Goods) E shall be based on the settlement of the price for goods supplied by D as of the end of the following month after the end of the last day of the month following the end of the separate closing base of E.

It is possible to change when mutual consultation between E and D exists.

-Article 15 (Period of Validity of this Agreement) of the Advance Payment and Settlement Date Change (Period of Validity of this Agreement shall be one year following the date of the contract, and if either party does not give written notice of termination to the other party two months prior to the expiration of the contract period, it shall be automatically extended every one year, respectively.

C. D and the Defendants: (a) from July 2013, 2013, the Defendant processed the furnal product using raw materials and auxiliary materials provided by D from Defendant C; and (b) supplied the products to the Defendants, the Defendants were on the e-sports.

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