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(영문) 서울서부지방법원 2015.05.28 2012가합6561
불법행위에 기한 손해배상
Text

1. The Plaintiff:

A. Defendant C is 103,079,700 won and 20% per annum from July 25, 2012 to the date of full payment.

Reasons

Basic Facts

The plaintiff is a person who sells a water collision in the trade name of "G".

Defendant B is the actual operator of Defendant E Co., Ltd. (hereinafter “Defendant E”), and Defendant C is the nominal president of Defendant E, and Defendant D is the head of the business headquarters of Defendant E, and Defendant F is the father of Defendant B.

On August 27, 2011, the Plaintiff entered into a contract for the supply of goods (hereinafter “instant contract”) with Defendant E, and with the content that, if the Plaintiff supplied the raw and subsidiary materials necessary for the production of water shoot to Defendant E, Defendant E would have produced and supplied water dust to the Plaintiff.

Defendant D actively participated in the process of negotiations and conclusion of the instant contract as an employee of Defendant E.

The main contents of the instant contract are as follows.

[Purpose] Article 1 [Purpose] The purpose of Defendant E is to produce and supply products to G (hereinafter referred to as “Plaintiff”) and sell products supplied to Defendant E, with the mutual interest of both parties.

Article 4 [Business Areas and Sales Rights] 1. Sales rights: The plaintiff owns all sales rights for the goods specified in the annexed agreements, and the defendant E shall not own all sales rights for the goods without the plaintiff's consent. Article 5 [Conditions of Transaction] 3] The basis for the sale of the goods is that the plaintiff purchases the goods to the defendant E.

Article 9 [Trademark Right] Defendant E must attach a trademark designated by the Plaintiff in supplying goods to the Plaintiff, and the trademark right is owned by the Plaintiff.

Defendant E shall not distribute or supply goods bearing a agreed trademark to any third party other than the Plaintiff.

If the Plaintiff first pays the purchase cost of the Water Price of the Water Price and the secondary material cost and the processing cost to Defendant E, Defendant E would produce and supply the water price to the Plaintiff and deduct the price from the advance payment.

The plaintiff.

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