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(영문) 서울고등법원 2016.07.22 2014나2028402

부당이득금

Text

1. Revocation of the first instance judgment.

The plaintiff's claim is dismissed.

2.(a)

The plaintiff is a provisional payment to the defendant.

Reasons

1. Basic facts

A. The Defendant and B Co., Ltd. entered into a domestic monopoly sales contract 1) B (hereinafter “B”).

) A U.S. Corporation (C. hereinafter referred to as “C”) that manufactures and sells DLP professional projector pro ratas;

(2) On August 25, 2011, the term of the contract with the Defendant was determined as one year from August 25, 201, and entered into a domestic monopoly sales contract with the Defendant with respect to three products, including Cpro projector IN 146, IN 5312, AIN5314, and IN5314, and the main contents thereof are as follows.

Article 3 (Exclusive Sales Right) (1) The defendant has exclusive sales right of the products he imports by B (C's model among the products).

2. The Defendant’s exclusive sales right includes both procurement, general sales, and electronic commerce.

(3) In consideration of the characteristics of the procurement, the part relating to the procurement among the Defendant's exclusive sales rights shall be extended to two years after the termination of the contract, and the special agreement shall be separately consulted.

(5) In order to maintain the right of monopoly sale, the defendant shall determine the annual fixed sales amount at least 500 million won, and this amount shall take precedence over the accumulated sales amount of the agreed model.

Article 4 (Supply of Products and Orders) (1) The defendant shall permit B to remodel and sell the products supplied by B in order to load the Tractic function of the Tractic function.

(6) Where the defendant has registered the procurement of a model under the purchase agreement, the right to supply the relevant product shall be guaranteed for three years. If the product has been changed to the same kind of product with the same kind of product within one year after the first order for the product was made, expenses incurred in re-certification of the procurement shall be borne by the defendant and B.

(10) Products B of the function carried by the defendant may be sold by the defendant.

Article 10 (Promotion of Advertisement and Use of Trademark) (1) B is a product that the defendant has loaded the function of the cultural heritage track, and a smart projector defendant manufactures the cultural heritage.