logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.01.30 2018가합520422
손해배상청구의 소
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 27,067,745 to the Defendant (Counterclaim Plaintiff) and its related amount from June 11, 2017 to August 22, 2018.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company engaged in manufacturing and wholesale and retailing of clothing, and the Defendant is a company engaged in manufacturing and wholesale and retailing of fibers.

B. On March 10, 2017, the Plaintiff entered into a contract with the Defendant for supply of KRW 85,43,000 (hereinafter “instant prime supply contract”) of Class 2 sets for men’s 5,000 sets and Class 5,000 sets for women’s 2,00 sets and KRW 10,000 for women’s 2,00 (hereinafter “instant prime group”) that the Plaintiff sold through C home shopping (hereinafter “instant prime group”), and agreed to deliver the instant prime group directly to the Vietnam factory of D (hereinafter “D”). However, the said prime group agreed to deliver the instant prime group directly to D (hereinafter “D”).

2. The Plaintiff is supplied with the original group for the production of broadcast products consulted with D, a company that is the Plaintiff’s production agent, from the Defendant on the following terms:

1) The settlement method of down payment amounting to KRW 85,43,000 (2) : The remainder on June 10, 2017 (the scheduled date of consultation) on May 10, 2017, in total: 20% of the intermediate payment (the scheduled date of consultation)

3. The defendant shall request the plaintiff's trade name to submit the test result of the authorized institution's test results to the plaintiff.

7. In the event of the Plaintiff’s loss due to the reasons set forth in section 3(6) above, such as consumer clean, return or delay of broadcasting, and sales price reduction, the Defendant shall compensate the Plaintiff on the basis of the initial sales price at the time of the intended sale.

C. On March 20, 2017, the Plaintiff paid KRW 17,866,00 to the Defendant the down payment of the instant prime supply contract.

On March 29, 2017, the Plaintiff entered into a contract to receive finished products of the instant product from D, and agreed as follows, but the original group supplied by the Plaintiff was to receive them directly from the Defendant.

2. The plaintiff entrusts the processing of the product to D, and D manufactures the product in accordance with the terms and conditions of the work instruction, as presented, in accordance with the shots agreed upon, and delivers it to the plaintiff.

8. D. D. D.

arrow