부당이득금
1. The Defendant (Counterclaim Plaintiff) paid KRW 254,024,520 to the Plaintiff (Counterclaim Defendant) and its amount from October 12, 2016 to September 6, 2018.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On October 28, 2014, the Plaintiff and the Defendant supplied DMast Factors (hereinafter “instant goods”) from the Defendant, and entered into a commodity supply contract with the terms that the Plaintiff intended to sell the instant goods monopoly and an agreement attached thereto (hereinafter “instant goods supply contract”), and the main contents thereof are as follows.
Article 2 (Definitions of Terms in Contract for Supply of Goods)
1. “Contract Goods” means DMak factoring supplied by the Defendant.
3. The term “sales area” means China.
Article 3 (Term of Contract)
1. The term of validity of this Agreement shall be from the date of conclusion to 27 October 2015.
Article 4 (Granting Sales Rights)
1. The defendant grants to the plaintiff the right to sell the contract goods directly or indirectly to the customer through a third party, such as a wholesaler.
2. The Plaintiff purchased contract goods from the Defendant and sold them directly or indirectly to the customer through a third party, such as a wholesaler.
Article 7 (Payment of Price and Minimum Purchase Obligation)
1. The Plaintiff shall pay 50% of the price for the product supplied by the Defendant in cash at the time of placing an order for the product, and pay 50% of the balance in cash at least one day prior to the delivery of the order product.
2. The Plaintiff shall purchase from the Defendant a contract product in the amount of KRW 20,000,000 (Won 20,000,000/VAT separate) not later than October 26, 2015, based on the supply price prescribed in Article 5.
Article 10 (Termination and Termination of Contract)
3.The termination of this Agreement shall not affect the rights and obligations already created between the Parties before such termination.
Agreements
1. The Defendant grants the Plaintiff the right of brand monopoly (total board) to sell C Electric Products (Class 10 new products at the time of departure in 2015), including the Defendant’s “EM 5 kinds”.
3. This Agreement is an agreement entered into on October 28, 2014 with respect to the supply of goods (hereinafter “this Agreement”).