물품대금
1. The appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
In the judgment of the first instance.
1. The basic facts of the claim (1) The Plaintiff is a company that engages in food materials and food trade business. The Defendants have been supplied with kimchi by business operators or companies engaged in food wholesale and retail business, and the Defendants have been supplied with kimchi from O (hereinafter “O”) operated by Nonparty K, an importer of kimchi for 10 years much, and 4 to 5 years less.
(2) On April 2015, theO around the end of April 2015, when the fact that the fact of detection of dyphosomes which cannot be used for kimchi in kimchi imported by the said company was reported in various media media, and became difficult for the business, theO requested the Plaintiff, who was aware of in the ordinary trade relation, to help the import of kimchi around May 2015.
(3) The Plaintiff and theO determined the trademark to be attached to kimchi exporters in China by ordering kimchi in the name of the Plaintiff and imported it, and upon entering the order of the transaction parties such as the Defendants, etc., theO requested the Plaintiff to deliver and supply the goods to the transaction parties designated by the Plaintiff, and theO agreed that the Plaintiff and the Plaintiff divide the profits accruing from the sale after remitting the full amount of the price received by the transaction partners to the Plaintiff.
(4) In accordance with the above agreement, the Plaintiff paid the price to the exporter, and imported kimchi, etc. (part of the importation of kimchi, etc.). The above kimchi, etc. from May 12, 2015 to the defendants through an order of theO.
9. The supply was made up to 24.
Although the above kimchi was sold as part of the "P" trademark, most of it was sold as "Limchi" where the O had trademark rights.
(5) From May 15, 2015 to May 29, 2015, theO received from the Defendant limited liability company KRW 25 million from the high food, KRW 3.5 million from the Defendant A, KRW 9.5 million from the Defendant B, and KRW 900,000 from the global comprehensive trade in the Defendant stock company, and KRW 9.0 million from the Kimchi amount received. TheO remitted part of the kimchi amount received as such to the Plaintiff on May 15, 2015.