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Reasons
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(영문) 의정부지방법원 2017.08.09 2016가단124047
물품대금
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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2014, the Plaintiff entered into a contract with Defendant A Co., Ltd. (hereinafter “Defendant Company”) under which all of the brand items supplied by Defendant Company with “C” brand name exclusively to the Plaintiff’s franchise store (hereinafter “instant contract”). The main contents are as follows.

Article 2 (Term of Contract)

1. This Agreement shall become effective for a period of one year as of October 24, 2014.

Provided, That bonds and obligations arising during the term of contract shall not be affected by the expiration of the term of contract.

2. Where there is no declaration of modification or refusal to renew a contract in writing not later than one month before the expiration of the contract, the contract period shall be extended on the same condition; and

Article 3 (Individual Contracts)

1. An individual contract is made by agreement between A (Defendant Company) and B (Plaintiff).

2.The name, quantity, unit price, sale amount, delivery terms, terms and conditions of payment, and other conditions necessary for the basic transaction under this Agreement shall be subject to an individual contract under which A and B are to be entered into separately.

Provided, That the individual contract shall be substituted by the exchange of detailed statement of transactions.

Article 4 (Form of Transaction) A shall supply goods to B in accordance with the agreed supply rate.

1. Type of transaction: The franchise sales contract;

2. Distribution channels managed by an agency: cans, franchises (ion, offline integration) in a management area;

3. Eul shall shop Gap's products to all the member stores of Eul.

4. Trade products: All the products of brand name “C”.

5. Supply rate: 37% of the proposed price by consumers of transaction goods (including vat).

6. Sales price: The sales price of goods determined A;

section 7 (Guarantee, etc. of Rights and Obligations)

1. A shall ensure that Party B has exclusive rights to cans and franchises distribution.

2. A shall ensure that business rights of B are 1 km.

B. Under the instant contract, the Defendant Company’s “C” product to the Plaintiff at 37% of the consumer price.

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