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(영문) 의정부지방법원고양지원 2016.03.25 2015가합73715

손해배상(기)

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the book publishing and sales business, and Defendant C is a person who has worked as a managing director of the Plaintiff’s management division from November 1, 2008 to June 23, 2014, and Defendant D is a person who has worked as the head of the Plaintiff’s management division marketing headquarters from November 24, 2008 to May 31, 2014.

Defendant B is a person who operates Co., Ltd. E engaged in the wholesale, retail, and consignment sale of books and goods.

B. On June 1, 2009, in order to distribute and sell the published books efficiently, the Plaintiff entered into a home shopping event agreement with Defendant B (hereinafter “instant event agreement”) with the following contents, and had Defendant B sell the books supplied by the Plaintiff through home shopping.

1. 홈쇼핑 공급 도서 1) 앗! 시리즈 100권 세트 2) 앗! 스타트 30권 세트 3) 서울대 선정 인문고전 50선 4) 스쿨 체험학습 100권 세트

2. Book supply rate: The ratio by case at the time of running a broadcast (38 percent of the basic supply rate).

3. Settlement: The same as the existing settlement method; and

4. Performance matters - Home shopping broadcast sales details shall be reported.

- The rate of supply of books supplied for home shopping purposes is confidential.

- Books supplied for home shopping purposes may not be sold through other sites (open Pet, closed sunset, retail stores, other distributors, etc.) other than home tamping, and if so, the Defendant may unilaterally reverse this contract.

Article 2(Holding of Publication) B (referring to “E”) deposits publications supplied by “A” (referring to “Plaintiffs”) within a specified limit.”

The ownership of this deposited publication is for A, and B shall act on behalf of B for the management and home shopping sales.

Article 4 (Sales and Management of Publications) In selling books published by Gap for home shopping, the following paragraphs shall be observed without impairing the public confidence and honor of Gap, and in order to distribute them in distribution:

1 B is a good manager and a publication supplied by Gap.