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(영문) 부산지방법원동부지원 2014.01.28 2012가단23483
계약금반환
Text

1. The Defendant (Counterclaim) shall pay 24,000,000 won to the designated parties and the interest rate from December 8, 2012 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiffs engaged in the wholesale and retail business of cosmetics with the trade name “G”, and the Defendant engaged in the business of manufacturing cosmetics with the trade name “H”.

B. On August 201, 201, the Plaintiffs and the Defendant concluded a IM (OEM) production contract with the purport that “the Plaintiff shall pay 30% of the total price as down payment when ordering the Defendant to manufacture the product, and the Defendant shall pay the remainder to the Defendant if it produces and supplies the product attached with the Plaintiffs’ trademark (i.e., the contract for the production of the product attached with the original trademark)

(hereinafter “instant contract”). C.

The plaintiffs and the defendant traded until September 2012 according to the contract of this case, and some of them are as follows.

(1) On June 12, 2012, the Plaintiff asserted that each of the transactions listed in the following table is KRW 240,000,000,000,000,000,000 for CFrate (one E) 3,505,006,250,250,000,000 for DFrate (one person E) 3,500,000,000 for DFrate (one person E) and 25,000,000,000 won for the order of goods on the date of the order, and that the amount of KRW 25,00,000 is KRW 25,00,00,000 for the order of goods on the date of the order, but the Defendant asserted that the amount of KRW 30,000 for the manufacture of the above 30,000,00 for other 20,000 for the order of goods.

74,250,000 6,035 3 August 18, 2012, Fshampers 2,400 10,000 26,400,000 10,000,000 16,400,000 16,400,000 0 4,000 or 900,000 9,000 9,000 9,000,000 9,000 9,000 9,000,000 9,000 9,00 9,00 9,00 9,00 30,00 9,240,000 9,240,000 2040, 008, 208, 205,200 408,200

2. Judgment on the parties’ assertion

(a) a summary of the Parties’ arguments (1).

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