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(영문) 서울동부지방법원 2020.09.18 2020나22799
손해배상(기)
Text

Of the judgment of the court of first instance, KRW 43,688,015 against the Plaintiff and its related amount are from April 6, 2018 to September 18, 2020.

Reasons

1. The facts under the basis of facts do not conflict between the parties, or may be found in each entry in Gap evidence Nos. 1-9 (including, if any, various numbers are included; hereinafter the same shall apply) by taking into account the whole purport of the pleadings.

The Defendant is a company that manufactures female clothes, etc., and the Plaintiff is a company that is supplied with part of the design and original parts of the manufacturing company, such as clothes for women, and sells the finished products manufactured accordingly. The Plaintiff is a company that sells the finished products manufactured therefrom from February 2015 to D (hereinafter “D”).

(2) On December 9, 2015, the Plaintiff entered into a contract with the Defendant under which the instant supply of the clothes for women’s own use (hereinafter “the instant supply contract”) of the 7th broadcast portion supplied to D (hereinafter “the 7th broadcast portion”) with the Defendant, under which the Defendant would be supplied with the clothes for women’s own use (hereinafter “the 7th broadcast portion”) of the 7th broadcast portion (hereinafter “the 7th broadcast portion”). The main contents of the contract are as follows.

In manufacturing a product, the defendant shall, in principle, raise and use the raw and subsidiary materials in accordance with the plaintiff's production instruction.

Article 6 (Inspection)

1. The defendant shall complete the inspection of the products produced by the plaintiff or the person or agency designated by the plaintiff, and shall provide the preparation and convenience for inspection.

Article 9 (Supply of Goods)

5. The Defendant shall be liable for the return of goods and all the treatment and costs incurred thereby due to defective goods after the delivery.

In addition, the defendant should compensate the plaintiff for the plaintiff's damage caused by defective products under mutual agreement.

Article 10 (Payment for Price) If the Defendant completes the supply of the product without any defect, the Plaintiff shall pay the contracted amount for the quantity supplied.

Provided, That the consumer's compensation due to the defect of the product is required.

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