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(영문) 의정부지방법원 2018.02.20 2016가합54237
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,261,805,945 to the Plaintiff (Counterclaim Defendant) and its related amount from July 23, 2016 to February 20, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff’s status as the parties was a company for the purpose of the manufacture, import, and sale of shoes, clothing, and supplies. On March 31, 2015, the Plaintiff changed the trade name from “C stock company to the present trade name.”

The defendant is a company with the purpose of selling and selling new shoes, clothing, sports goods, etc., and the undisclosedia Co., Ltd. (hereinafter referred to as the "closedia") is a company with the purpose of manufacturing and selling clothes and miscellaneous articles.

B. The Defendant entered into a contract with the original Defendant and the undisclosedia. 1) The Defendant is an express board attached with the Plaintiff’s trademark (D organization specialty board, D Taekwondo organization clothes, etc.; hereinafter “specific board”)

(2) The Plaintiff and the Defendant entered into a contract for the special goods transaction that extend the contract period by December 31, 2013 in order to determine the relationship between rights and obligations of the Parties in the said special goods transaction on February 19, 2013, and on January 1, 2014, the contract period of which is extended by December 31, 2014 under the same conditions as the said contract is identical to the said contract (hereinafter referred to as “instant contract”).

2) On the other hand, the undisclosedia has been engaged in the transaction of manufacturing and delivering clothing products, etc. ordered by the Plaintiff.

On February 19, 2013, the Amateur entered into a supply contract with the content that the Plaintiff manufactures and supplies the Plaintiff’s peculiar products (hereinafter “instant supply contract”).

3) In trading a specific product, the Plaintiff, the Defendant, and the undiscloseds, (i) produced the specific product and directly supplied the Defendant with the product, and (ii) the Plaintiff paid the price for the goods by transferring part of the claim for the payment of the goods to the Defendant to the Defendant to the undiscloseds. (iii) The value under the contract for the transaction of the specific product supplied by the Defendant to the Defendant from January 2015 to May 2015 is KRW 1,261,805,945 (including value added tax).

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