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(영문) 서울고등법원 2018.04.11 2016나2085669
손해배상 청구의 소
Text

1. The principal lawsuit of the judgment of the court of first instance, including the Plaintiff-Counterclaim Defendant’s claim for principal lawsuit extended by this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

The Plaintiff is a person operating the business of manufacturing clothes under the trade name of “I.” The Defendant is a small and medium enterprise that, after entrusting the Plaintiff, etc. with the manufacture of the goods of the trademark, such as “J”, “K”, and “L,” the Defendant is a small and medium enterprise that received the goods and sells them to consumers. The Plaintiff’s full-time employees in 201 are 3 through 4, 917, 720, 301, and the sales amount are 1,917, 720, 301, and the Defendant’s full-time employees in 2013 are 38, and the sales

On February 28, 2012, the Plaintiff entered into a basic contract for the manufacturing consignment between the Plaintiff and the Defendant for the manufacturing consignment between the Plaintiff and the Defendant, by supplying CMT (hereinafter referred to as “wholly manufactured goods”) to the Defendant, and paying the price of finished goods that the Defendant inspected by the Defendant pursuant to separate contract for the manufacturing process (referring to providing the Plaintiff with the design and major raw materials of the clothing products, and the Plaintiff, with the remainder of raw materials raised by itself, and the design provided by the Defendant, manufactures and delivers the clothing manufactured goods according to the design provided by the Defendant (hereinafter referred to as “the basic contract of this case”), the Defendant entrusts the manufacturing of finished goods to the Plaintiff, and the Plaintiff pays the price of finished goods purchased and processed by the original materials (hereinafter referred to as “wholly goods”) in accordance with the criteria agreed upon by the Defendant’s order. Article 2 (Matters concerning Raw Materials and Products) is to be kept and delivered to the Plaintiff without delay, and the Plaintiff is to be kept and delivered to the Plaintiff as a whole to the Plaintiff for the manufacturing and processing process goods (including all parts and semi-finished goods).

2. The defendant shall supply raw and subsidiary materials necessary for the handling and packing of the plaintiff so that it does not impede the plaintiff's work process.

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