판매정산금 등 청구의 소
1. Defendant (Counterclaim Plaintiff) and Defendant C Co., Ltd are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 93,311,755.
1. Basic facts
A. The parties concerned are companies with the purpose of manufacturing and importing clothes, etc. and distributing and selling them in Korea. Defendant B is a person who conducts business upon obtaining the registration of his/her own entrepreneur under the trade name of “D” and “E”.
Defendant C is a company established as of March 31, 2015 for the purpose of manufacturing and wholesale and retailing clothing, etc., and Defendant C is an internal director of Defendant C.
B. On February 1, 2013, the Plaintiff entered into a contract for the establishment and operation of the instant special agreement store between the Plaintiff and the Defendant B (hereinafter “instant special agreement store”) with the Defendant B who used the trade name “E”).
The main contents of the contract for the establishment of the instant special agreement are as follows.
Article 1 (Purpose) The purpose of this Agreement is to: (a) A (referring to the Plaintiff; hereinafter the same shall apply) possess trademark rights and all rights; (b) supply B (referring to “D” operated by Defendant B as an individual entrepreneur; hereinafter the same shall apply) products of F brand products under the responsibility of A; and (c) sell them to consumers under the responsibility of B while establishing and operating a special contract for the above brand; and (b) provide for all necessary matters while B (referring to the Plaintiff; hereinafter the same shall apply) agrees to comply with the operation policies of A
Article 5 (Establishment of Points under Special Agreements)
2. A shall establish and operate a special agreement point to B at the same time as this Agreement is concluded, and shall cooperate to the maximum extent necessary therefor.
5. Eul shall, as requested by Gap, install and maintain a reasonable scale and level of store in order to maintain the reputation and trust of brand products supplied by Gap.
For this purpose, Gap's guidelines on the overall installation and operation of stores, such as posting and selection of signboards, keeping and attaching advertising materials, internal decorations, posting and selection of product display places, etc., shall be observed, and the main text of this contract.