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(영문) 서울남부지방법원 2019.07.10 2017가단214538
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant)

(a) deliver the goods listed in the Appendix 1 Schedule;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a personal entrepreneur who manufactures organic products and wholesale and retail business under the trade name of “C,” and the Defendant is a corporation engaged in the manufacturing business of main goods and wholesale and retail business.

B. On November 26, 2015, the Plaintiff entered into a supply contract between the Plaintiff and D with Nonparty D Co., Ltd. (hereinafter “D”) on consignment service contract, and agreed to produce 8,000 organic products for each item, and deliver 8,000 organic products to D until February 15, 2016, and receive 67,90,000 won (excluding value-added tax).

C. On November 26, 2015, the Plaintiff: (a) requested the Defendant to produce organic products listed in the foregoing Paragraph (b) on November 26, 2015; and (b) received the estimate thereof; and (c) via the Defendant, via the Defendant, the articles listed in attached Form 1, a gold-type necessary for producing organic products (hereinafter “the gold-type”).

(2) On February 2, 2016, the Plaintiff paid KRW 11,00,000 for the production of gold. (2) On February 2, 2016, the Plaintiff and the Defendant paid KRW 11,000.

When entering into an OEM contract (hereinafter “instant OEM contract”) with the content that sets out 8,00 organic products as KRW 30,350,000 in total (excluding value-added tax of KRW 3,035,00) and entrusts the processing thereof, it agreed as follows:

Article 2 (Individual Contracts)

1. The amount of entrusted duties of individual products between the plaintiff (the plaintiff) and the defendant (the defendant) shall be determined by the decision of an individual contract between Gap and Eul in addition to the decision of this contract, and when there is any difference between the decision of this contract and the decision of an individual contract, the decision of the individual contract shall prevail.

III.(The specifications and unit prices of products) The specifications and unit prices of products are as follows:

Article 4 (Supply of Goods)

1.B shall deliver this product to the place designated by A within the time limit for payment under an individual contract.

3.B is likely to be unable to deliver this product within the payment period.

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