(영문) 의정부지방법원 2020.10.22 2018나5998

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(영문) 의정부지방법원 2020.10.22 2018나5998

화장품케이스제작대금

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In accordance with the claim of exchange change in this court, the defendant shall pay 8,822,000 won to the plaintiffs and this.

Reasons

1. Basic facts

A. The Plaintiffs are those engaged in the packing business, etc. from October 29, 2001 to E, and the Defendant is a company established on March 8, 2013 for the purpose of the cosmetic, non-floak, character floak, macact distribution business, etc.

B. On June 30, 2017, the Plaintiffs produced 2,000 cosmetics cases equivalent to KRW 8,822,000, and delivered 100 to the Defendant among them. The remaining 1,90 items are being kept in the storage of the Plaintiffs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. On June 30, 2017, the Plaintiffs, at the Defendant’s request, intended to manufacture 2,00 samples of cosmetics and supply them.

However, the defendant receives only 10 million of these, and refuses to pay for the remainder, while refusing to receive it.

Therefore, the defendant is obligated to pay the plaintiffs the above amount of damages equivalent to 8,822,00 won as damages for default, and the damages for delay.

B. Defendant’s cosmetics and Maspact products were widely known in China’s discharge. After being aware of this fact, the Plaintiffs considered that they would benefit the Plaintiffs when entering into a continuous relationship with the Defendant, they would be able to benefit. As such, 100 copies of cosmetic case were manufactured without compensation.

However, the plaintiffs failed to properly perform the production and supply of the above sampling within the time limit as agreed with the defendant. For this reason, when the defendant did not establish a subsequent relationship with the plaintiffs, the plaintiffs filed the lawsuit against the defendant in this case.

Therefore, the plaintiffs' assertion that the defendant requested the production of 2,00 samples on the premise that the defendant would pay the price for the samples of cosmetics is without merit.

3. Determination

(a)each entry (including paper numbers) in Gap's 3 to 5, 7, and 8 evidence, and F witness of the trial; and

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