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(영문) 인천지방법원 2016.09.30 2015가합56792

손해배상(기)

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 86,350,240 and its KRW 66,240,000 among the Plaintiff (Counterclaim Plaintiff) and the Plaintiff’s counterclaim, July 11, 2015.

Reasons

A principal lawsuit and a counterclaim shall be deemed to be combined.

1. Basic facts

A. On August 18, 2014, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the following terms: (a) using a trademark “Frest” owned by the Defendant for a domestic sales license; and (b) selling goods in domestic TV ( home shopping) and its affiliated online shopping mall; and (c) with the Defendant’s approval; and (d) with the Defendant’s approval, set the basic supply rate of the goods supplied to the Plaintiff as 110% of the purchase price; and (e) with the contract term as one year from the first supply date; and (e) with the two months prior to the expiration date of the contract, if there is no declaration of intention to cancel the contract in writing, one

On November 1, 2014, the Plaintiff and the Defendant entered into a modified contract, including the content that the term of validity of the contract shall be from November 1, 2014 to December 31, 2014, and only products that the Plaintiff produced from the Defendant may produce, and the Plaintiff shall pay 10% of the production amount to the Defendant in using the Grand Master trademark.

B. On November 5, 2014, the Plaintiff entered into a contract with the Defendant and the Defendant on the following: (a) supplied the Plaintiff at a price calculated by adding 10% to the product price; and (b) sold goods only at the Plaintiff’s pertinent business place ( home shopping) approved by the Defendant; and (c) the contract period shall be 12 months from the date of entering into the contract.

On February 2, 2015, the Plaintiff entered into a modified contract with the Defendant for the term of contract from February 2, 2015 to June 30, 2015, and the Plaintiff entered into a contract including the content of extension for one year under the same condition when there is no declaration of intention to terminate a contract in writing between both parties at least two months prior to the expiration of the contract.

C. The plaintiff.