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(영문) 인천지방법원 2016.01.27 2014가합55730
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as the Plaintiff KRW 140,000,000 and the period from August 12, 2014 to January 27, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff mainly imported and sold a child uniform from Korea to a company with the purpose of wholesale and retailing, etc. of clothing.

B. On September 25, 2012, Defendant B paid the Plaintiff the royalty of KRW 80,000,000 to the Plaintiff, and as a result, Defendant B entered into a “AOpin Burial Contract” (a certificate No. 1; hereinafter referred to as the “instant Burial Contract”) with the Plaintiff’s trade name to exclusively operate the AOpin Burial in the Busan area for two years from the date of the contract, and the main contents are as follows.

Article 1 (Purpose) (2) “A” (hereinafter “Plaintiff”) designates “A” (hereinafter “Defendant B”) as the off-line store of goods imported and sold by “A”, and “B” shall accept it and faithfully perform the sales business as prescribed by this contract, and shall not sell the goods after changing their appearance or use without prior consultation with “A”.

Article 2 (Types of Goods) (1) The brand of goods handled by “B” shall be determined by “A” according to the specifications of “A”.

Article 3 (Quantities of Goods) The quantity of the goods shall be determined by “A” at the request of “B”, and when “B” orders the goods of “B”, the goods shall be ordered in accordance with the prescribed form prescribed by “A”. “A” may adjust the quantity of goods in consultation with “B” in consideration of its supply capacity, business situation, other circumstances, etc. according to the order of “B”.

Article 6 (Payment of Price) (1) The price of goods shall be paid as down payment the amount equivalent to 30% to 50% of the ordered amount in line with the policies of the manufacturing company at the time of the order, and the completion of the preparation of the manufacturing company’s goods shall be paid at the time of notification to B.

(3) The overseas delivery charges, transit charges, and all other expenses for the ordered goods shall be borne by “B”.

(4) The price of goods shall be 12% of the total amount of the order and expenses under paragraph (3).

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