beta
(영문) 창원지방법원마산지원 2020.11.19 2019가단106265

약정금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 2,722,650 to the Defendant (Counterclaim Plaintiff) and its related amount from October 29, 2019 to November 19, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a person who operates a clothing store at the Chinese Mag Co., Ltd., and the Defendant is a company that manufactures and sells the clothing.

B. From March 2018, the Plaintiff received the clothing from the Defendant and paid the price to the Defendant, and then sold the clothing at the Plaintiff’s store located in the Chinese mining low-income bracket and imported them.

C. On August 1, 2018, the Defendant, upon consultation with the Plaintiff, prepared and delivered the Defendant’s clothes brand as follows (Evidence No. 3; hereinafter “instant authorization”).

[Contents of this case’s authorization] [Contents of this case’s authorization] (part of it is written in its original text) - brand name: C (trademark omitted): Items: The name of “C” and items “D” are written in the name of “BD brand name” and “D”.

Since the two appear to refer to the same brand, the terms are unified into "D" and used.

All of the brand products (referring to the plaintiff's Chinese clothes store) permits the use of trademarks, etc. to promote the promotion of publicity and sales of brand D products, as a general agent of the People's Republic of China has sufficient qualities for management and sales.

Period of authorization: from August 1, 2018 to July 31, 2020 (2 years)

D. Around January 2019, the Plaintiff received a letter of “D Total Commercial Agent Contract” from the Defendant (Evidence No. 4; hereinafter “instant contract”) and requested to conclude a contract for a total commercial agent, but did not reach an agreement on the terms of the contract, as it did not reach an agreement on the terms of the contract.

[Main Contents of the Contract in this case] Article 2 Section 2. Management Area and Management Period 2.1. The Defendant grants the Plaintiff the full power of representation to the People's Republic of China (other than the administrative district of the region, including Taiwan and Hong Kong) of D’s Child Project Products.

2.2. The term of operation is from January 1, 2019 to December 31, 2019.

Article 6.1: The defendant shall have the right to sell, sell and sell in the contract.