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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is that the Plaintiff was supplied with the original body by the Defendant and produced the clothing, and the Plaintiff was refused to supply the clothing from the New World International Co., Ltd. (hereinafter “New World”) which was a customer who was supplied by the OEM due to the defect of some originals supplied by the Defendant (M 40S, hereinafter “instant originals”).
Accordingly, the Plaintiff suffered damages equivalent to KRW 1,363,421, freight rates of KRW 783,698, and KRW 196,460, on the wind that again manufactures and supplies clothing to the new world.
In addition, since the Plaintiff’s self-produced product using the original shop is also impossible to sell it, the Plaintiff incurred losses equivalent to KRW 87,878,890 of the manufacturing cost separately.
Therefore, the Defendant should pay the Plaintiff the total amount of KRW 91,114,400 (OEM product-related damages of KRW 3,235,511) to the Plaintiff.
2. Determination: (a) from November 2015 to December 2015, the Defendant supplied the Plaintiff with the original intention of CM 40S items without dispute between the parties; (b) obtained the entire purport of the pleadings; and (c) obtained the entire purport of the pleadings from Gap, 2, 5, and 6, and witness Gap’s testimony, the Plaintiff produced the original body through the original body manufacturer supplied by the Defendant; (d) produced the complete body to the new body; and (e) supplied the clothing to the new world on the ground that the test on the clothing was conducted in large quantities; and (e) requested the Plaintiff to re-produced the clothing to the Plaintiff around January 2016; and (e) the Plaintiff supplied the clothing to the new body by re-productioning the original body of another set supplied by the Defendant to the new body; and (e) the Plaintiff returned part of the original body received from the new body to the Defendant and sent a part of the original body to the Defendant to the Defendant as a result of the examination.