(영문) 서울중앙지방법원 2018.02.09 2016가합30338

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(영문) 서울중앙지방법원 2018.02.09 2016가합30338

부당이득금반환 등

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1. The defendant's delivery of goods listed in the separate sheet from the plaintiff at the same time, and at the same time, KRW 786,512,863 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of engaging in the sales business of duty-free imported goods, the export and import business of bonded goods, the distribution business, etc., and the Defendant (formerly changed: C) is a juristic person established for the purpose of engaging in related business, such as the wholesale and retail of cosmetics

B. On December 23, 2015, the Plaintiff and the Defendant entered into a contract for the supply of the following products (hereinafter “instant contract”).

Article 1 (Purpose) The purpose of this Agreement is to prescribe the scope of services to be performed by the Defendant and the Plaintiff in accordance with the principles of mutual trust and good faith, and to define the scope of services to be performed by the Defendant and the Plaintiff in the China (the People's Republic of China) designated by consultation between the Plaintiff and the Defendant in relation to distribution and sale within a specific demand place (hereinafter referred to as "sales place").

The specific "sale place" in China designated by the Plaintiff and the Defendant in consultation with the Defendant shall be in accordance with the attached Form 1, and the attached Form 1 shall be provided to the Plaintiff

Article 2 (Period of Contract) (1) The duration of this Agreement shall be 12 months from the date of conclusion of the Agreement.

(2) The term of this contract may be extended to 12 months, taking into consideration the sales performance and market conditions.

This is subject to written agreement.

Article 3 (General and Preferential Negotiations) (1) The defendant shall designate the plaintiff as an agent who may import, distribute and sell the plaintiff at the "sales place" in China (the People's Republic of China) for the term of this contract, and shall accept it.

2. The total number of persons with exclusive rights in this contract shall not mean persons with exclusive rights, and all contracts shall be based on the total number of non-exclusive persons.

A separate consultation and a separate contract shall be conducted with respect to the exclusive sales right.

(7) The defendant is designated.

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