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(영문) 서울북부지방법원 2017.08.11 2016나5625
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Reasons

1. Basic facts

A. The Defendant is a corporation operating clothes manufacturing and selling business, etc., and the Plaintiff entered into a contract with the Defendant on December 16, 2014 with the intermediate manager to pay fees (hereinafter “instant contract”) while operating the Defendant’s vegetable brand “afd” store located at the Defendant’s shop and C store.

B. The main contents of the instant contract are as follows.

Defendant A and B: Plaintiff 7 (Advertisements, Publicity, Promotional Expenses, etc.)

1. In principle, all the expenses for advertisement, publicity, and sales promotion required for business activities shall be borne by a person who conducts such activities unless there is any special agreement, and Article 50 and 50 50 of the expenses for promotion of non-high advertising 50 consumable items A of the table of the ratio of sharing the expenses for advertisement promotion and expendable items to the cost for subsequent advertisements;

3. A bears the human test cost in the event that A terminates a contract on the grounds of special termination under Article 10(1).

In addition, Eul cannot claim reimbursement of the expenses for the test.

Even if there is liability for damages other than this, Eul shall claim damages only to the facilities within one year after the first installation of interior interior facilities, regardless of whether or not Eul's direct installation or acquisition, such as the department store or internal regulations of the distributor.

Article 10 (Termination of Contracts, Suspension of Shipment, etc.)

1. ( Strategy) In the case of termination under this Article, B may not claim for damages due to termination against A.

3) Article 12 (Effective Period, etc. of Contract) where the contract between the department store, other distributor and A is terminated without Party A’s liability, where the sales activities or performance of Party B are extremely poor or the sales fall for a considerable period of time;

1. The term of this contract shall be from the date of the contract to the date of next MP of the department store or the distributor.

C. On the other hand, the defendant's DNA store (hereinafter "the store of this case") at the C store operated by E (hereinafter "E") is located.

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