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(영문) 의정부지방법원 2015.04.23 2014가합236
손해배상(기)
Text

1. The Defendant’s KRW 145,50,000 as well as 5% per annum from September 13, 2012 to April 23, 2015 to the Plaintiff.

Reasons

1. Presumed factual basis

A. The Plaintiff is a person engaged in the manufacturing industry, etc. of bedclothes and related products for young children, and is holding a patent right related to the transformation of shape.

B. On June 11, 2012, the Plaintiff entered into a contract with the Defendant for the production of an original trademark attachment with the following content as to the instant sheet so that the instant sheet may be used as a transformation sheet with the Defendant (hereinafter “instant sheet”).

(hereinafter referred to as “instant contract”). The term “this product” in this contract refers to the products that the Plaintiff sells to the Plaintiff’s user, based on the specifications prepared by the Plaintiff with prior consent of the Defendant, and are produced by the Defendant.

Article 2 (Purpose) (1) The Plaintiff purchases from the Defendant the product whose manufacture has been entrusted to the Defendant.

② The Defendant shall attach the Plaintiff’s trademark designated by the Plaintiff to the product manufactured upon entrustment by the Plaintiff and deliver it to the Plaintiff.

Article 3 (Death) ① After obtaining prior consent from the defendant, the plaintiff shall prepare a letter of apology and deliver it to the defendant.

Article 4 (Order) (1) The plaintiff shall place an order to the defendant at least 500 monthly and shall place an order to purchase this product from the defendant by the 20th day of the following month.

② The Plaintiff does not cancel the order of this product.

Provided, That if the defendant's consent is obtained, it shall not be restricted.

Article 6 (Contract Deposit) (1) The plaintiff and the defendant shall be supplied on the condition of completion (purchase of complete products).

(2) Where the Defendant is liable to purchase and manufacture raw materials, the Plaintiff shall pay 15,90,000 won, which is 20% of the supply price of the minimum quantity as down payment, to the Defendant by August 11, 2012.

Article 8 (Guarantee) (1) The defendant guarantees that the goods supplied to the plaintiff are sufficiently examined on the basis of the specifications prescribed in Article 3 and no defects are found.

② The Plaintiff

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