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(영문) 부산고등법원 (창원) 2018.04.12 2018나10589
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The plaintiff shall bear the total costs of the lawsuit after filing the appeal.

purport, purport, and.

Reasons

1. After remanding, the Plaintiff filed a claim against the Defendant for payment of the price for the goods according to the food materials supply contract. The first instance court dismissed the Plaintiff’s claim.

Accordingly, the plaintiff filed an appeal, and this Court accepted part of the above claim and ordered the defendant to pay 155,139,421 won and damages for delay.

As to this, only the Defendant appealed, and the Supreme Court reversed the judgment before remanding, and the case was remanded to this court.

Therefore, the part against the plaintiff in the judgment before remanding is decided independently due to the plaintiff's failure to appeal, and the judgment of this court after remand is limited to the part against the defendant in the judgment before remand.

2. Basic facts

A. The defendant is a corporation with the purpose of chain business, its incidental business, and the food service business, which is a person who engages in franchising franchise business using the business mark "B" [the Franchise Business Act (hereinafter "Franchising Business Act").

) The Plaintiff is a corporation that is engaged in the manufacture, processing, and sale of meat products and by-products, and that supplies food materials, such as the net supply to the Defendant’s franchise stores.

Article 3 Restriction on Transactions

1. “B” (C) may not supply any goods or similar goods except for those goods for criminal use during the contract period without the prior written consent of “A” (Defendant) to intermediate operators within the unique circulation and sale route of “A” or within the business area of “A”.

The term "A" means a national and overseas sales channel, including a national franchise store and a branch office across the country.

In addition, it should be sufficiently notified to the intermediary or specialized agency dealing with the goods and products of “A” or “B” which are not related to this contract.

Article 5. Receipt and Transportation of Orders for Goods

1. “B” shall be the franchise store of “A” and “B”.

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