logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.12.24 2015나2015939
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is a U.S. legal entity established under the California law, and the Defendant is a person who produces and sells the LED (U.S.) lighting equipment for vehicles in the Republic of Korea with the trade name “B (B No. 7, 8, and 12)”.

The defendant shall be designated as the only exclusive seller of the lighting body produced by the defendant.

This Agreement shall apply to goods sold by attaching the Plaintiff’s trademark “Lazer Star” in the discharge of the United States of America and its affiliated territories.

In accordance with this Agreement, the Plaintiff purchases from the Defendant goods equivalent to USD 200,000 (hereinafter referred to as “$”) in total, on two occasions during June and July 2011, goods equivalent to USD 200,000 (hereinafter referred to as “$”) in total.

The contract term of this contract shall be three years, but may be extended upon the consent of both parties.

The defendant shall provide goods at the price discounted by 12% from the price indicated on the plaintiff.

The plaintiff and the defendant shall re-examine the end price every year.

B. On April 21, 2011, the Plaintiff and the Defendant concluded a contract under which the Plaintiff supplied the lighting fixtures produced by the Defendant and exclusively sells them in the U.S. (hereinafter “instant exclusive sales contract”).

C. The Plaintiff ordered each lighting machine to the Defendant on April 16, 2012, June 25, 2012, September 6, 2012, and November 6, 2012 (hereinafter “each of the instant sales contracts” in total), and the Defendant supplied the goods according to the order on November 6, 2012, in duplicate, to the Defendant on April 16, 2012, and on September 6, 2012.

Meanwhile, the non-party 1, a U.S. corporation, S. S. non-party 1, a non-party 1, a non-party 1, a non-party 1, a scambroporae sports, Inc. (hereinafter “non-party 1”). The part of the scambling of lighting fixtures supplied by the Defendant (attached Form 1, referred to as “marate 1”; hereinafter referred to as “marin 1”).

arrow