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(영문) 부산지방법원 2017.09.20 2017가합44141

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant is a company that manufactures and sells automobile maintenance-related products, such as automobile maintenance lifts, and the Plaintiff is a company that is supplied with products by the Defendant and sells them in Seoul, Incheon, Gyeonggi, and Gangwon-do.

B. On December 7, 2012, the Plaintiff entered into a contract under which the Defendant’s agent, sear, and the final consumer is entitled to the sales license (hereinafter “instant sales contract”).

The main contents of the instant sales contract are as follows.

Article 1 of the General Sales Contract (hereinafter referred to as the “General Sales Right”) provides the Plaintiff with the exclusive sales right for all products provided by the Defendant, as follows:

1. Sales area;

(a) All Sis/Guns/Gus in Seoul Special Metropolitan City;

(b) The whole Si/Gun/Gu of Incheon Metropolitan City;

(c) The entire Si/Gun/Gu in Gyeonggi-do;

(d) The amount of total sales tickets under Article 2 of Gangwon-do and the method of payment;

1. The plaintiff shall transfer gold billion won ( e.g. 500,000,00) to the account designated by the defendant in return for the payment of the right to purchase under Article 1 above to the defendant.

3. The Plaintiff may not demand the return of the franchise fee already paid, regardless of the termination of the total sales contract for any reason, such as the termination of the contract.

If the plaintiff escaping from the jurisdiction of Article 4 without the defendant's prior written consent, leaves the area designated by the agreement with the defendant and sells it to another area without the defendant's prior written consent, the defendant may terminate this contract without delay.

The plaintiff is obligated to maintain the minimum inventory of all items of the defendant so that the consumers can be supplied products promptly within the total market area.

1. The Plaintiff must always maintain a stock equivalent to at least 10% of the sales volume in the relevant region.

Article 9. Method of Payment of Goods Price

3.The product costs shall be paid to the Defendant in a lump sum within the last day of the following month.

Article 14. Termination of Contracts