부정경쟁행위금지등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The defendant is a commercial agent under the Commercial Code of the plaintiff who entered into a transfer contract with the plaintiff, and thus, he must perform the delegated affairs with the care of a good manager for the plaintiff as the principal
B. After concluding a commercial agent contract with the Plaintiff, the Defendant received Blus earphone (purchase price of KRW 199,00), office-based street (purchase price of KRW 2,199,500), monitor 3 types (purchase price of KRW 854,00), sound source recycling equipment and monitoring phone (purchase price of KRW 1,154,429), drones (purchase price of KRW 1,621,00), and Internet telephone set (hereinafter “goods offered by the Plaintiff”). Since the Defendant, while unilaterally destroying the commercial agent contract with the Plaintiff and embezzled it, he is liable for damages equivalent to the sum of the purchase price of the above goods.
C. After entering into a commercial agent contract with the Plaintiff, the Defendant purchased parts necessary for the Japanese distribution business from the Chinese company C (hereinafter “China company”), and the Plaintiff paid the expenses to the Chinese company.
In the foregoing process, the Defendant did not apply a discount price for mass purchase, but required to pay excessive costs to the Plaintiff as if it purchased at a lower price in the Chinese company. The Defendant returned the total amount of KRW 58,670,925 out of the additional costs that the Chinese company received from the Plaintiff (the total amount of KRW 6,950,000 on January 20, 2017, KRW 280,000 on January 24, 2017, KRW 13,650,000 on March 21, 2017, KRW 520,000 on May 11, 2017, KRW 9,09,827, KRW 265,00 on July 14, 2017, KRW 1651,00 on July 26, 2017, KRW 19,000 on May 19, 2017).
2. Determination as to the cause of action
A. The commercial agent of the legal doctrine related to the plaintiff and the defendant is not a commercial employee for a certain merchant and is not a commercial employee for a certain merchant.