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(영문) 서울고등법원 2018.08.30 2017나2046289
손해배상(기)
Text

1. The Plaintiff (Counterclaim Defendant A)’s rehabilitation obligor A, upon a claim for a change in exchange at this court.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff (the Plaintiff changed its trade name in DSP) is a company that sells the clothing, and the rehabilitation debtor A (the company was changed from B; hereinafter “Rehabilitation debtor”) is a company that produces nitro clothing, etc.

B. On December 9, 2014, the Plaintiff entered into a contract with C (hereinafter “C”) for the supply of goods that are produced and supplied with nitro materials, and has been supplied with nitro materials by C.

C. On March 2, 2015, the Plaintiff entered into a contract for the supply of goods with a debtor for rehabilitation where the wife E, the representative director of C, was the representative director (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Amount of Supply, Unit Price, Delivery Date, Ownership) of a goods supply contract: A rehabilitation debtor shall produce, until August 30, 2015, 200, 200,000 of the F.W Stockpiling (hereinafter referred to as “instant goods”) to the Plaintiff and deliver, as requested, the goods to the Plaintiff’s own warehouse.

Delivery price: 5,000 won (including value-added tax, polybags, labels and other subsidiary materials) shall be the delivery price.

The delivery date: Before 7 p.m. and between 11 p.m. and 12 p.m. each day for the rehabilitation debtor, the plaintiff shall deliver the order to the rehabilitation debtor no later than 12 p.m., and the rehabilitation debtor shall send the list of delivery prior to 2 p.m.

Ownership: Goods entered into a warehouse of a debtor for rehabilitation are owned by the plaintiff, and the debtor for rehabilitation shall deliver and keep the goods according to the plaintiff's error.

When goods are lost, civil or criminal liability shall be borne by the debtor for rehabilitation.

Article 3 (Payment Settlement) The Plaintiff shall deposit the amount of KRW 250,000,000 on March 31, 2015 to the rehabilitation debtor as the production fund for raw materials purchase.

Article 4 (Ledger Materials)

1. The debtor shall make the goods;

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