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(영문) 서울동부지방법원 2019.01.11 2017가단129538

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) received 9,600 products C from the Plaintiff (Counterclaim Defendant) simultaneously.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 4, 2015, the Plaintiff entered into an online total sales contract 1) between the Defendant and the Plaintiff (hereinafter “Sweden head office”).

C Products exclusively imported from C (hereinafter “instant Products”)

(C) The “Agreement on Online Total Sales” (hereinafter referred to as the “instant online total sales contract”) that provides the Defendant with the authority of a domestic online sales business operator and provides the Defendant with the authority of a domestic online sales business operator.

The Plaintiff’s products sold under this Agreement are as follows: (a) Category C Import 4 (200ml), E (200ml), F (200ml), G (200ml, 100ml)

(b) Other additional products shall be determined under mutual agreement between the plaintiff and the defendant.

Article 3 (Granting Sales Authority) The plaintiff shall grant the defendant the authority of the domestic online sales business operator for the above products, and the defendant may establish a self-distribution network under this authority.

Article 4 (Roles Between Parties)

A. The Plaintiff’s performance work - The Plaintiff must maintain a domestic online monopoly contract for the manufacture and supply of the products.

- The plaintiff shall perform the overall work of contract, import and customs procedures with the manufacturer and shall be in charge of supplying domestic products.

- The Plaintiff shall not register the Defendant with online price comparison, and shall protect the Defendant’s rights through the suspension of use and sale of content when online sales are exposed.

B. Defendant’s performance - The Defendant shall take charge of domestic online sales for the products supplied by the Plaintiff.

- The defendant shall take charge of domestic online sales and distribution organizations and domestic online marketing.

- The scope of the Defendant’s online sales is H, I, J, K, L, M, N,O, P, Q, R and closed sunset (S).

Article 6 (Rights and Duties of Total Markets)

A. The defendant must place 9,600 orders in the original volume.

B. The defendant has the right to distribute online stores in Korea while maintaining the total right to sell.