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(영문) 서울중앙지방법원 2018.02.06 2017가합508227
손해배상(기)
Text

1. Defendants B and C jointly and severally with the Plaintiff KRW 256,252,624 and Defendant C with respect to the Plaintiff from March 30, 2017.

Reasons

1. Facts of recognition;

A. The parties concerned are companies engaged in all manufacturing and wholesale businesses of textile products (such as clothing, shoes, hair, etc.). Defendant B and C are those engaged in the production and supply of raw and subsidiary materials, etc. in Korea, and also operate “E”, etc., which are supplied with raw and subsidiary materials in China at the Chinese factory.

[E] On July 1, 2012, “E” was registered as a business operator under Defendant C’s name, and was closed on September 26, 2016, and “F” was the same type of business as “E” and maintained until now as it was registered under Defendant B’s name on January 20, 2016.

(1) On September 2015, the Plaintiff entered into a medical clinical processing contract between the Plaintiff and Defendant B, etc. (hereinafter “instant contract”) with Defendant B and C as follows.

(A) The agreement on the supply of goods seems to have been reached prior to September 9, 2015, in light of the fact that the date of entry in the work instruction, etc. was September 9, 2015.

(3) On October 28, 2015, the Plaintiff may not be exempted from the supply of goods under Article 15(1)(1)(1)(2)(2)(2)(2)(2)(2)(2)(2)(3)(3)(3)(3)(3)(3)(4)(3)(3)(3)(4)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(4)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(3)(4)(3)(4)(3)(4)(4)(4)(4)(200.10.28, 2001)(3)(4)(4)(201.10.28,000.10.00.0)(10.0.

(2) The Plaintiff supplied Defendant B, etc. with raw and auxiliary materials equivalent to KRW 256,252,624 in accordance with the instant contract. The Plaintiff supplied the goods to Defendant B, etc. for one week after having taken over the goods.

3..

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