(영문) 의정부지방법원 고양지원 2017.01.11 2015가단90379

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(영문) 의정부지방법원 고양지원 2017.01.11 2015가단90379

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2015, the Plaintiff and the Defendant agreed to conclude a sales contract on the total sales contract for the co-owned goods (hereinafter “instant products”) as follows.

(hereinafter “instant contract”). 3. The area in which the Plaintiff may exclusively sell the product under this contract by mutual agreement between the supply of the product and the exclusive sale license 3.1 is the Korean market and the overseas market (sales area).

Provided, That the Korean Mayor shall be the place excluding the place where a direct contract with the defendant has been concluded, and shall be sold overseas and in consultation with the head office.

3.2 Exclusive sales under this Agreement are the sole sales agent within the selling area for the products of this Agreement, and the handling method of the Plaintiff’s sales shall include, but not limited to, retail, wholesale, and hybrid sales agent.

The defendant should not have the authority to sell the product to any other third party within the contract period and should not sell the product in its name or through its supplier, producer, or affiliate.

3.4 If the Plaintiff acquires exclusive sales rights as provided for in this Agreement, the Defendant must pay a deposit of KRW 50 million to the Defendant.

The defendant shall guarantee, to the maximum extent possible, the sale of products in the monopoly area.

5.3 If the plaintiff needs to purchase the product on May 3, 200, the order form shall be sent to the defendant in writing, and the defendant shall reply within five days after receipt of the order form whether the delivery of the product can be made in writing in accordance with the contents of the order form.

A written order sent by the plaintiff to the defendant may be withdrawn before the defendant's written confirmation is obtained.

B. On April 30, 2015, the Plaintiff paid a deposit of KRW 50 million to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff's assertion.

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