(영문) 서울중앙지방법원 2020.01.16 2019가합504847

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(영문) 서울중앙지방법원 2020.01.16 2019가합504847

계약자지위부존재확인청구

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1. The plaintiff (Counterclaim defendant)'s principal lawsuit shall be dismissed.

2. The Plaintiff (Counterclaim Defendant) is against the Defendant (Counterclaim Plaintiff) at KRW 919,204,360.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff is a company that runs the wholesale and retail business and trade business of electrical products, and the Defendant is a company that runs the duty-free shop brokerage business.

B. (1) On January 24, 2017, the Plaintiff entered into a monopoly sales agency contract with C Co., Ltd. (hereinafter “C”) located in Japan (hereinafter “C”) to exclusively sell products, such as cosmetic and cosmetics, which are distributed in the Republic of Korea by C, and began to distribute C’s products.

(2) On June 1, 2017, the Plaintiff entered into a sales agency contract with the Defendant and all duty-free shops located in Korea to grant the Defendant the right to exhibit the Plaintiff’s goods to the exclusive store that is permitted to advertise and sell the Plaintiff’s goods (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Article 2 (Business Right of the Defendant) The Plaintiff shall grant the Defendant the exclusive right to exhibit at all duty-free shops (including Lao stores; hereinafter the same shall apply) located in the Republic of Korea to the Defendant.

Article 3 (Obligation of Defendant)

1. The defendant shall actively engage in the business to promote the sale of goods and shall faithfully participate in public relations and marketing.

2. The Defendant shall provide the Plaintiff with the current status of stores and sales data on a regular basis.

3. The Defendant shall consult in advance with the Defendant on all matters related to the sales of the goods at duty-free shops and the sales thereof, and shall share the information received from the Plaintiff with the duty-free shops, and inform the Plaintiff of the detailed matters that were carried out with

4. The defendant shall faithfully cope with customer inquiries or cares received during the business process with duty-free shops.

Article 4 (Obligation of Plaintiff)

1. The Plaintiff shall cooperate in good faith so that the goods can be sold efficiently.

2. The Plaintiff shall supply goods only to the Defendant and sell them.

유사 판례

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-서울서부지방법원 2016.06.16 2015가합32523

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