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(영문) 서울중앙지방법원 2016.06.02 2014가합514207
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 127,952,225 to the Plaintiff (Counterclaim Defendant) and its related amount from February 7, 2014 to June 2, 2016.

Reasons

1. Basic facts

A. The status of the Plaintiff is the clothing company that produces and sells golfware, and the Defendant is the original wholesale company.

B. The Plaintiff and the Defendant continued to enter into a supply contract for raw materials and subsidiary materials from around 2004, and around August 18, 2010, entered into a supply contract for raw materials and subsidiary materials (hereinafter “instant contract”) with the following contents.

Article 1 (Basic Principles) (1) The contents of an order issued by “A” shall be based on the content of the order, and the details, quantity, payment period, inspection of the place of delivery and payment of the product may be modified under the agreement between “A” and “B” (Defendant).

(2) Within two weeks from which “A” is ordered, “B” shall submit a written estimate for the product, and “A” may, if necessary, request “B” to submit detailed data related to the estimated price.

Article 3 (Quality Inspections) (1) "B" shall observe the payment period for the products ordered by "A" and shall be supplied to the place designated by "A".

④ If “A” is found in the course of sale and distribution due to the defect of raw and secondary materials supplied to “A”, the “B”, a provider causing the defect, shall be compensated by Appendix 1.

(5) Since the discovery of hidden defects in light of the characteristics of clothing requires a considerable period of time (six months to 12 months), “B” shall not raise any defense on the ground that ten days have elapsed since it was delivered, and shall compensate Party A for it by Appendix 1.

Article 6 (Payment of Price) ① “B” shall complete the supply of the product to “A” without any defect, and shall submit a tax invoice for the quantity that passed the examination.

(2) In principle, reduction and payment shall be made once a month.

(3) Where “B” completes delivery without any defect, “A” shall pay in cash or by electronic means the amount contracted for the quantity supplied.

(4) “A” shall have damages and claims that shall be paid by “B”.

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