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(영문) 서울중앙지방법원 2019.01.09 2018가단5026461
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 company engaged in electronic commerce while operating the C website, and the Defendant is a company engaged in cultural events, performances, and exhibitions.

B. On May 21, 2014, the Plaintiff and the Defendant entered into an agreement with the following protein (hereinafter “instant protein agreement”) in order to sell the diskettes owned by the Defendant (D; hereinafter “D”).

Products: D Sale price and basic sales price: 15,000 won (which may be adjusted through mutual consultation): Tampet quantity and 2000 won (which may be added to tickets through mutual consultation): 20,000 won (which may be adjusted through mutual consultation): The period of sales of 20,000 books (which may be adjusted through mutual consultation): the period of validity of Tampet on May 28, 2014 between May 28, 2014 and August 17, 2014 (Coordination through mutual consultation): the special transaction conditions (Coordination) from June 6, 2014 to August 17, 2014) - the Defendant guarantees that the Plaintiff independently sells the Defendant products during the term of this contract.

- A special contract for advance payment ① The Plaintiff shall pay 150,000,000 won to the Defendant until May 26, 2014 as the preparation for the performance of this contract.

2. The defendant shall use advance payments only for the direct purpose of performing this contract.

③ The Plaintiff shall settle the accounts in accordance with the settlement method within the settlement information after deducting advance payments from the total value of the Defendant’s goods and/or services. If the total value of supply falls short of advance payments, the Plaintiff may proceed with the sale of the Defendant’s professional goods (or any other Defendant’s goods upon request by the Plaintiff) until the total value of supply falls short of advance payments and the advance payment is collected in full, and the details may be mutually agreed upon.

C. The Plaintiff paid the Defendant advance payment of KRW 150,000,000 (hereinafter “instant advance payment”) according to the instant professional agreement.

Even after D, the Plaintiff is either the Defendant or the Defendant until March 17, 2017.

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