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(영문) 서울고등법원 2015.01.22 2014나34364
손해배상(기)
Text

1. The judgment of the first instance, including the Plaintiff’s claim against the Defendants expanded in the trial room, is as follows.

Reasons

Basic Facts

Around December 24, 2005, Defendant C, who acquired the Plaintiff’s right to the instant cosmetics, entered into a contract with Bassarch (LLC) on the grant of domestic sales rights to the instant cosmetics, and imported DNA cosmetics from belimatic death and sold them in the Republic of Korea. Around 2007, Defendant C, a representative director, filed a claim that partial ingredients of D Cosmetics fall short of the criteria for certification of functionality of the Food and Drug Administration.

On December 2008, the Defendant Company purchased the amount equivalent to USD 3,000,000 per year from the beli-in death, etc. during the three years following the 3-year period from the beli-in death, etc., and purchased the amount equivalent to USD 1,000,000 per year from the beli-in death, etc., and the amount equivalent to USD 7,40,00 among them was the credit of the beli-in death, etc. provided by the Defendant Company (i.e., free of charge), and the amount equivalent to USD 2,60,000,000 among them was agreed to pay in cash the remainder of the beli-in death, etc.

Around December 2008 according to the above agreement, the defendant company requested beeron duty death, and received free of charge an amount equivalent to USD 500,000,000,000 from the EU-type general cosmetics (the cosmetics manufactured by beeron duty death by hunting in European export, the ingredients of which fall short of the functional certification standard of the Korean Food and Drug Administration) rather than functional cosmetics. On February 6, 2009, the defendant company brought in and sold them to the Republic of Korea. The remaining amounts of USD 400,000,000,000 from the quantities delivered around February 6, 2009.

However, when the defendant company carried in goods received without compensation as above without dealing with the implementation of the above agreement, the defendant company renounced the conclusion of the contract for the supply of cosmetics with the defendant company on February 23, 2009 to the defendant company for the reason of the violation of the above agreement, and sells them to other domestic sellers and domestic sales.

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