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(영문) 서울남부지방법원 2020.02.06 2019나52513
물품대금
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed at the trial.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who designs and manufactures clothes, functional clothes, singginges, etc. in the trade name of “C,” and the Defendant is a corporation that engages in sales management, export and import, overseas marketing, etc.

B. On September 20, 2016, the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a sales contract with the Defendant, E-liability company (E (hereinafter “China”), and the Plaintiff and D Co., Ltd. (hereinafter “D”) entered into a sales contract of the total number of functional clothes (hereinafter “instant sales contract”). The key contents are as follows.

Article 2(Subject Matter and Method) C. C.C., from among products developed and manufactured by C. C., supplies ‘A' and ‘B', ‘A' and ‘B', are supplied with functional parts (hereinafter referred to as ‘products') from ‘A' and ‘B', and sell them to consumers in China as the brand of A.

Article 3 (Roles between Contracting Parties) The main roles of "A, B, and C, as the subject of this Agreement, are as follows:

(1) Cocks shall take charge of the actual manufacture and all kinds of delivery and management of products, such as production management, quality control, etc., as manufacturers and processors of functional clothes.

(2) "A and B" shall have the exclusive right to place an order, purchase, business, and goods, as the owner of a functional clothes.

§ 4(Definition and Right of Products) ① Products supplied by ‘A' and ‘B' from ‘C' and ‘C' are products produced and supplied by ‘C' and ‘C' according to mutual agreement between ‘A' and ‘C' and ‘C' and ‘C'.

Other products may be added by agreement of the Parties, and the added products shall be governed by the incidental agreement.

② This contract has the right to develop and manufacture ‘C', and the right to sell this contract products in China is against A.

(3) The addition and deletion of the contents of the incidental agreement shall be determined in accordance with the mutual agreement between Class A, B and C.

Article 5 (Supply Price) (1)

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