1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. (1) The Plaintiff is a company running the Do and retail business of food, etc., and the Defendant is a private entrepreneur operating the Do and retail business of food, etc. under the trade name of “C”.

(2) On November 17, 2014, the Plaintiff and the Defendant purchased goods of food, etc. at a low price in the production site, etc. and supplied them to the Defendant, and the Defendant concluded a contract under which the Defendant would sell them to consumers only in the area of Ulsan-gu Ddong (hereinafter “instant special agreement contract”).

(3) The main contents of the instant special agreement are as follows.

Article 1 [Purpose] ① The plaintiff continuously sells goods to the defendant, and the defendant promises to purchase them and resell them.

(3) The defendant, as a special contract point of the plaintiff, shall make every effort to sell the plaintiff's products.

Article 2 [Sales Area] The area in which the Defendant sells the goods shall be ordered to D stores in Ulsan-gu, Nam-gu, Seoul-gu, and the Plaintiff shall not sell retail products in this area and shall not establish any special terms and conditions other than the Defendant.

Article 10 [Transactions with Others] When the defendant intends to sell products of the same kind as or similar to the plaintiff's products, he/she shall consult with the plaintiff in advance and obtain consent.

Article 13 [Period of Contract] (1) The period of this Agreement shall be from November 17, 2014 to November 16, 2015.

(2) The contract shall be automatically extended on an annual basis, unless a notice of termination is given by either of the parties 20 days prior to the expiration of the term of this contract.

Article 14 [Cancellation of Contract] (1) The plaintiff and the defendant may rescind this contract after giving six-month advance notice.

③ When the Defendant violated the provisions of each of the Articles, the Plaintiff shall terminate the contract.

A claim for damages equivalent to the average monthly sales for the past six months may be made.

(4) In any of the following cases, the defendant shall naturally be the plaintiff: