beta
(영문) 서울중앙지방법원 2019.08.28 2018나56284

기타(금전)

Text

1. Of the judgment of the court of first instance, “C Union” against the Defendant (Counterclaim Plaintiff) is KRW 100,000,000 and this is accordingly.

Reasons

1. Facts of recognition;

A. Plaintiff (mutual name before the change on September 21, 2015: G) is a company that engages in wholesale and retail business for manufacturing clothes, such as school uniforms, using the trademark “E”.

Since 2005, the Defendant concluded an agency contract with the Plaintiff on the “E Silsi” located in Silsi, and renewed it on a one-year basis, thereby selling school uniforms.

B. On August 31, 2015, the Plaintiff and the Defendant renewed the existing agency contract and concluded the instant agency contract with the following content:

Article 4 (Individual Contracts)

(a)the name, quantity, unit price, delivery terms and other conditions of the good sold to the agency [Defendant] from the head office [Plaintiff] shall be determined by individual contracts as required for sale;

Article 5 (Restriction on Use of Trademarks)

(a) the agency uses a trademark (such as signboards, interior decorations, shopping bags, labels, architecture, polybags, boardboards, advertising promotions, etc.) in the manner presented by the head office, which also applies to the branch points of the agency or agency;

Article 8 (Delivery and Inspection of Goods)

(a)the head office shall deliver the goods to the agency at a place established by the agency within the period of time fixed in the sales contract, and by which the ownership of the goods shall be transferred to the agency;

(b)the agency shall promptly notify in writing the goods of any defect, if any, after inspecting the quantity and quality of the goods or materials supplied;

(c) if it is not possible to detect any defect immediately after receipt due to the nature of the good or material, to discover and notify it within six months, and to claim the exchange in full.

E. The agency is indicated in the contract of paragraphs (b) and (c) above as “paragraphs (a) and (b), but appears to be a clerical error.”

(1) the goods or materials supplied shall not be returned except in the case of

(c)The head office and the agency under Article 18 (Follow-Up Management) shall expire when the contract term expires, or when the contract is terminated due to cancellation, termination, or other reasons.