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(영문) 서울고등법원 2015.03.11 2014나2039594
투자금반환 등 청구의 소
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. The fact that there is no dispute over the basis for recognition 【A', Gap evidence 1 through 4, Gap evidence 7, 8, Eul evidence 2 (including each number), and the purport of the whole pleadings;

A. C Co., Ltd. (hereinafter “C”) operated by the Plaintiff as its representative upon the conclusion of the instant sales contract (hereinafter “C”) is written as of January 2, 2012 as of April 2, 2012 on the date of the tax-free sales contract (Evidence A(Evidence 1). However, this appears to be a clerical error.

The Defendant and C entered into a tax-free total sales contract (hereinafter “instant sales contract”) with the content that grants the Defendant the exclusive right to sell cosmetics, such as D, E, F, etc., by selling at major duty-free shops, such as Shin, etc., for two years. The main contents of the instant sales contract are as follows.

III.(Refence and Responsibility)In this Agreement, C and the defendant shall have the following roles and responsibilities:

2. The defendant shall conduct the overall business of duty-free shops by contract with C in advance after consultation with C.

3. The consumer complaints and problems arising from defective or inferior products shall be compensated for by C as the supplier of the products;

4. C’s brand advertising, publicity and marketing costs shall be borne by C;

Provided, That the expenses for publicity within a duty-free shop shall be borne by the defendant.

5. The cost of production of the Do Gus utilized for the promotion of sale, such as PPOP of commodities, advertising materials, and explanatory materials for commodities installed inside or outside stores, shall be borne by C.

6.The cost of product creation for brand creation after each main duty-free shop shop shop occupants shall be subsidized for three months by C.

Article 4 (Supply Price of Goods)

2.The final consumers of the goods supplied by C to the Defendant are in principle consistent with the prices of all stores supplied by C and may, where necessary, adjust the consumers under mutual agreement.

Article 5 (Term of Contract) The term of validity of this Agreement shall be one year, and the extension of the contract shall be renewed after agreement between C and the defendant, and the purchase amount of the defendant for each brand marked by C shall exceed 100 million won.

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