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(영문) 서울중앙지방법원 2017.05.11 2015가합517937
손해배상
Text

1. The Defendant’s KRW 619,254,454 as well as the Plaintiff’s KRW 6% per annum from July 22, 2016 to May 11, 2017.

Reasons

Basic Facts

On January 23, 2014, the Plaintiff and the Defendant entered into a basic contract for the purchase of products (hereinafter “instant basic contract”) with the content that the Plaintiff produces the Defendant’s trademark or finished products with the Defendant’s trademark attached, and supply them to the Defendant. Of the terms of the contract, the parts related to the instant case are as follows:

Article 2 Contract Products

1. "Contract Products" in this Agreement and in individual contracts means the products manufactured and supplied by attaching the trademark of the plaintiff or the trademark designated by the defendant under the order of the defendant issued by the defendant.

The details of the contract products and other terms and conditions shall be governed by Appendix 1.

Article 3 Issue of Text Notes

1. The name, standard, quantity, unit price, payment period, etc. of contract products shall be determined by individual contracts, such as orders, etc., issued by the defendant, and at least four weeks prior to the date of shipment of products;

Article 11. Gold-making, etc.

1. The plaintiff shall promptly prepare gold and facilities necessary for the manufacture and production of contract products, and the expenses therefor shall be determined by mutual agreement between the plaintiff and the defendant.

2. In the event that the Plaintiff bears the cost (investment, depreciation, etc.), the amount of gold, the depreciation of which is completed, shall belong to the Defendant, and even before the completion of the depreciation, it may belong to the Defendant by paying the amount yet to be depreciated to the Plaintiff.

Article 21 The contract term of this contract shall be two years from the date of conclusion of the contract, and if there is no written notice from the other party on the intent to change or terminate the contract term by three months before the contract term expires, it shall be extended for one year under the same conditions.

Article 25 Full Agreement provides for the basic terms of the purchase and transaction of the contract products between the plaintiff and the defendant, and any oral or written agreement between the parties prior to the conclusion of this contract on the contract products shall become void.

Appendix 1.0

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