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(영문) 서울중앙지방법원 2018.06.21 2017가단5120458
부당이득금
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 an individual entrepreneur who is engaged in the carnic fishery in the name of “C”, and the Defendant is a company that holds the right to a Korean monopoly of the Dlamping Products group, which has its head office in Canada.

B. On February 16, 2017, the Plaintiff and the Defendant entered into a sales contract (hereinafter “instant contract”) with the Plaintiff and the Defendant, as follows:

(1) In the following, “A” and “B” refer to “the Plaintiff” and “B”. Article 1 (Supply and Sale) of the General Sales Contract (1) A shall make every effort to supply the goods ordered by B in the timely manner, and “B” shall make every effort to maintain and expand the market for the goods of Party A.

(3) A shall take charge of the import business of D, and B shall engage in all activities relating to sales, including nationwide circulation, sales, marketing, customer management, A/S, education, etc.

(4) The area of business of Eul shall be nationwide.

(5) Contracts A and B shall continue to be automatically extended by 2019, and the amount of the order for the automatic extension shall be KRW 100 million in 2017, KRW 250 million in 2018, and KRW 250 million in 200 million in 2019.

The automatic extension time shall be February 15 of each year, and this contract shall be automatically terminated when the order quantity falls short of the order quantity.

Article 2 (Delivery) (1) In principle, A shall deliver the goods ordered to B once to the final destination.

When an additional delivery occurs, the delivery charge shall be borne.

Article 4 (Payment of Price) (1) B shall be paid in advance in cash or by account transfer.

(2) Payment in lieu of B shall be 70% at the time of ordering and 30% at the time of dispatch.

Article 9 (Compensation for Damages) (1) Where A suffers damage by violating this Agreement, B shall compensate for it immediately.

Article 10 (Termination of Contracts) (1) A and B may terminate this contract by giving written notice to the other party.

In such cases, the effect of termination shall take effect one month after the notice of termination is delivered to the other party.

(2) Notwithstanding the provisions of paragraph (1), Eul shall violate this contract or perform other contracts.

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