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(영문) 서울중앙지방법원 2017.08.11 2016가단5046782
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legal entity that manufactures, processes, distributes, exports, and imports of foodstuff and agricultural, fishery, and livestock products, and the Defendant conducted the Alleytomera and franchise business with the trade name C.

B. On March 2, 2015, the Plaintiff entered into an exclusive product transaction agreement with the Defendant with the following content (hereinafter “instant agreement”).

The term "exclusive goods" in the contract of this case where the plaintiff sells food, such as z, among the raw materials used for the defendant's Alleyratop franchise business, means goods imported and supplied by the plaintiff on the basis of the specifications designated by the defendant. The defendant's trademark in this case means the goods name, dmark, romark, packing design, etc. (Article 1 (1)) designated by the defendant, and the goods subject to transaction must be sold using the defendant's distribution network. The defendant's exclusive goods and property rights should be reduced for inventory quantity (Article 4 (2)). The defendant's exclusive goods and property rights should be reduced for inventory quantity (Article 4 (2)), but the order quantity and inventory and packing materials kept by the defendant upon voluntary termination and termination of the contract of this case, shall be liable to the defendant (Article 4 (3)): Notwithstanding the provisions of Article 7, the original and the defendant may automatically cancel the contract of this case by consultation with the other party for three months prior to the expiration of the contract of this case; however, the term of validity of the contract of this case can be changed to 1.

C. On December 30, 2015, the Plaintiff observed the settlement date and KRW 1.1 billion to the Defendant.

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