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(영문) 서울동부지방법원 2020.10.16 2018가단136052
물품대금
Text

The Defendant’s KRW 12,265,50 to Plaintiff A, KRW 16,963,201 to Plaintiff B, and KRW 7,659,397 to Plaintiff C and each of the said money.

Reasons

1. Basic facts

A. Plaintiff A’s trade name as “E,” Plaintiff B’s trade name as “F,” Plaintiff C is a person engaged in each clothes processing business under the trade name as “G,” and the Defendant manufactures and sells any clothes using the trademark H and I, as a company aimed at manufacturing and selling goods, leather products, etc.

B. From 2003 to 2017, Plaintiff A entered into a contract on consignment of manufacturing clothes (Evidence A; hereinafter “each contract of this case”) with the Defendant from 2006 to 2017, and the Plaintiff C entered into a contract on consignment of manufacturing clothes (Evidence A; hereinafter “each contract of this case”) with the Defendant from 2008 to 2016 and traded by manufacturing the clothing according to the Defendant’s instructions and delivering the completion goods to the Defendant.

C. Details of each of the instant contracts are as follows.

The number of samples shall be separately determined in consultation between the defendant and the plaintiffs, and it shall be at least necessary for quality inspections, and the bearing of the cost of the sample production, and the handling of the case where the sample has failed to pass the sample shall be separately determined

(Article 24(4) and (5). The defendant shall pay the subcontract consideration to the plaintiffs within a set period of time which is set as possible within 60 days from the date of receipt of the object (where the goods are supplied frequently and the issue date of the tax invoice is set at least once a month, referring to such set date).

The manufacturing process of clothing consists of the product planning and development phase and the mass production phase of the product. Samples for the selection of the product to be manufactured at the planning and development phase of the product (hereinafter referred to as the “influent sample”) are produced, and samples for the control and verification of the quality of the product to be produced at the mass production phase (hereinafter referred to as the “ QC sample”).

The defendant shall issue design instructions to companies specializing in making samples in the production process of clothes or pregnant processing companies to produce a flat sample.

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