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(영문) 서울중앙지방법원 2017.08.17 2016가합541623

손해배상

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The Defendant is a company that manufactures and sells dairy products, such as oil, fermentation oil, starch oil, and coffees and drinks, and supplies products to consumers through large distribution stores or general retail stores through 1,800 retail stores nationwide or through convenience stores. Of the Defendant’s agencies, among the milk agencies, the market agency among the milk agencies dealing with the oil and fermentation oil supplies the goods to the general retail stores on its own account and at the same time supplies the goods to the general retail stores on its own account. At the same time, the rest of the Plaintiffs except the Plaintiff C enter into an agency contract with the Defendant, and concluded an agency contract with the Defendant, and each agency listed in the attached Table “Operation Period” column provided the goods by the Defendant and entrusted the wholesale transaction with the Defendant.

3) Meanwhile, in the case of the Y agency listed in the attached Table 5, the Plaintiff Company C entered into an agency contract with the Defendant and operated the agency during the operation period indicated in the attached Table “Operation Period.” (B) The Fair Trade Commission decided October 14, 2013 as the Fair Trade Commission Decision No. 2013-165, Oct. 14, 2013; and (c) the Defendant forced the purchase of 26 items, including cost lease, from October 2007 to May 5, 2013. From 2008 to July 5, 2013, it recognized that the display promotion agent’s wages in the display promotion agent dispatched to a large distributor were forced to provide profits for at least 50% to the agency without prior agreement, and ordered to pay the amount of 12,464,000,000 won.

2 The defendant filed a lawsuit seeking revocation of the above penalty surcharge payment order with Seoul High Court 2014Nu1910.