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(영문) 서울고등법원 2016.04.14 2015나2050123

손해배상(기)

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. On January 28, 2014, the Plaintiff entered into a contract with the Defendant to supply only the household produced by the Plaintiff to the Defendant (hereinafter “instant contract”). The main contents are as follows.

1. From February 1, 2014, the Defendant shall place an order for the household (i.e., collectively referred to as “Dong-in trademark products”) of the trademark that includes the Plaintiff’s “Dong”, “DF”, and “Seoul” manufactured in the Republic of Korea directly or through the OEM (OEM) from the Plaintiff at least an average of KRW 300 million monthly factory supply (in addition, the value-added tax is included, and at least KRW 1.8 billion is settled on a six-month basis).

2. From February 3, 2014, the Plaintiff shall supply the entire quantity of a trademark product to the Defendant and sell it only through the Defendant. Products supplied to the Defendant, which are similar in color, pattern, form, sculpture, decoration, etc. and products that may mislead or confuse general consumers as similar products, may not be sold directly or through a third party to an agency or general consumers.

3. The Defendant shall be supplied only from the Plaintiff with the “finite” among the trademark products of the same West (excluding the pattern of non-products - the pattern of natural finites with at least 80% of the pattern of natural finites).

4. As of the date of this Agreement, the Defendant shall take over and sell the whole of the malicious inventory (such as damaged or defective products, and products with less than 10 points of sales performance for a year) among the trademark products which the Plaintiff had a factory or a business office as of the date of this Agreement, and shall include the sales amount in KRW 300 million in the amount of paragraph 1 (the new production of KRW 200 million and the inventory of KRW 100 million in the amount of 150 million in the last day of each month, and the proceeds of the subsequent consultation shall be paid in 150 million in the amount of 100 million in the last day of each month). The Defendant shall determine whether the goods with less than 10 points of sales out of the malicious inventory have been acquired through mutual agreement, and settle the sales amount at a discounted price

identification and identification of inventories;