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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On March 9, 2018, the Plaintiff entered into a goods supply contract with the Defendant to be supplied with “C” (hereinafter “goods”) from the Defendant (hereinafter “instant contract”). The main contents are as follows.
Plaintiff: Defendant A: Article 2 (Terms and Scope of Sales)
1. Eul shall supply goods to Gap only in domestic and foreign online, off-line, home shopping, closed shopping, open market and SNS (hereinafter “sales channels”) and exclusively sell them.
Article 3 [Quantities and Operating Conditions]
1. A must deliver in advance a schedule of supply of sales channels to B for the smooth supply of goods to B.
3. Criteria for calculation of settlement: 950 won per 350g 1Pk (including VT/Wed rice mills manufacturing and spawresing expenses) settlement unit price may be changed after consultation with the ordered quantity and the manufacturing circumstances.
A A shall set the amount of expenses incurred in D at the request of B at the rate of 14,00 won (including VAT) equivalent to the supply of D's quantity to D's D', and shall settle the amount separately at the time of settlement.
4. Basic contract quantities: Article 4 [Matters to be requested for manufacture and matters to be observed] of the 30,000 Kack (350 geight per 1Pck, 35 g zzers) (Article 4] shall comply with the relevant Acts and subordinate statutes in accordance with the report on manufacture of items by applying the contents requested by A at the time of over-the-job production and manufacture in a sanitary manner;
Matters requested for basic manufacture by Party A of goods concerned shall be as follows:
6. 주요 원재료 함량 기준 및 원산지(350g/1Pack 기준) : 쌀(국내산 멥쌀 77.5%), D(국내산 모짜렐라 치즈 20% : 갑 제공) 제5조[결제 조건]
1. A shall pay a deposit of KRW 30 million in cash to the account of B in order to ensure smooth supply of goods at the time of placing an order, and the goods concerned are sent to a place designated by A on the basis of the date on which the sale of goods begins, and Party A shall have no more than the quantity ordered.