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(영문) 서울중앙지방법원 2014.07.04 2013가합79639

도메인이전청구 등

Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

Article 1 (Purpose of Contract) The purpose of this Agreement is to provide for matters necessary for Gap (the plaintiff of this case) to purchase goods manufactured and imported by Gap (the plaintiff of this case) as an agent Gap and sell to consumers after purchasing them from Gap (the defendant of this case).

Article 2 (Designation and Sales Area of Agency) The area where Party A sells the commodities of Party A (hereinafter referred to as "sale area") shall be determined domestically and abroad, and obtain prior approval from Party A.

In such cases, A shall protect the business district of B and shall not infringe on the business rights.

Article 3 (Types, Prices and Quantity of Goods) The kinds and specifications of the goods shall be determined by A and B by agreement, upon the request of B, and the quantity of the goods shall be determined by A at the request of B, and the quantity of the goods may be adjusted appropriately by the circumstances of A, and Eul shall not, in principle, sell any flapsys which are not supplied by A.

(Provided, That goods, prior consultation with Gap, may be handled, sold, and all products other than products related thereto may be sold without consent). Article 8 (Agency's Duties) ① No. 8 (Agency's Duties) shall transfer any rights under this Agreement and offer them as security without prior written approval of Gap.

Provided, That if the agency operation has been waived due to the circumstances of B, A may terminate this contract without delay and take appropriate measures.

Article 9 (Compensation for Damages) If the contract of this Agreement is terminated in violation of this Agreement, or if the damage was caused to Party A due to the intention or negligence of Party B, Party B shall compensate Party A for the damage resulting therefrom.

Therefore, the liability for damages is KRW 100 million.

Article 10 (Termination of Contract) (2) Termination of a contract due to the Council's other circumstances shall obtain prior consent from A, and shall not cause any damage to each other.

At this time, the credit purchase amount to Gap (including the maturity maturity prior to the Promissory Notes) shall be immediately made.