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(영문) 서울중앙지방법원 2016.03.22 2015가합11200
미수금
Text

1. The Defendant’s KRW 603,487,50 among the Plaintiff and KRW 95,287,50 among them, shall be KRW 381,150,000 from January 15, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person operating a trade name company called “B,” and the Defendant is a company engaging in the business of manufacturing and exporting and importing functional health foods.

B. 1) The Plaintiff and the Defendant entered into the instant contract on April 23, 2014 (hereinafter “instant contract”) related to manufacturing of health food and selling home shopping.

The main contents of the contract are as follows. The contract products under Article 1 (Contract Products) Section 1 of the Code are functional health foods manufactured by B (hereinafter “Defendant”) according to the lethothy offered by A (hereinafter “Plaintiff”).

Contract products shall be limited to the health functional food of miscarriage germs and other products with or to be developed by Gap, such as dynas, etc., shall be excluded.

Article 2(1) A may use C’s name and portrait rights to facilitate the sale of the product under this Agreement, and, if Party A gives prior written consent, screen pictures taken by Party C may also be used, provided that Party B may use C’s name, portrait rights, and screen pictures only within the effective period of this Agreement, and thereafter discard and submit evidence to Party A. Article 4(1) A shall, if it is possible to make C’s screen pictures or home shopping contributions pursuant to Article 2(1), have Party C comply with the schedule of production and broadcast and make contributions.

2) C shall be determined by mutual agreement between A and B. Article 5(1)(A) shall take all civil and criminal responsibilities relating to the authorization, permission, manufacture, sale, etc. of products under this Agreement.

2) In the manufacture and sale of this contract products, Eul shall compensate for all damages to Gap and Eul representative Gap in the event of the product issues or the honor of Gap and Eul in the manufacture and sale of this contract products. 3) Eul shall immediately submit certified sales data in home shopping companies after each sales broadcast to Gap.

4 E.B.

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