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(영문) 서울서부지방법원 2017.07.06 2015가합37603
정산금 등
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 45,762,520 to the Defendant (Counterclaim Plaintiff) and its related amount from January 5, 2016 to July 6, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in wholesale and retail business of sports goods, electronic commerce, etc. under the trade name of “C”. The Defendant is a company engaged in special category manufacturing business, sports goods protection zone development business, etc.

B. On April 27, 2015, the Plaintiff entered into a domestic sales contract under which the Plaintiff would exclusively sell “D” (hereinafter “instant product”) the sports clothes produced by the Defendant to the Republic of Korea (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

A: Defendant : Plaintiff 2 (Statement and Guarantee A) made the following statements and guarantees for the purpose of signing, delivering, and performing this Agreement.

1. A is a state in which all legal rights, qualifications and matters requiring delegation have already been fully and fully authorized and may enter into this Agreement in force and fully perform its obligations under this Agreement.

3. A is a producer of a contract product and has full rights to the contract product.

The conclusion and implementation of this contract will not infringe on the rights of any third party to the product.

6.A shall not provide or sell contract products to a domestic trader other than B, and where sales of contract products are inevitable to a transaction partner other than B, the contract products shall be supplied to the transaction partner through B.

However, if the sale of contract products is made by the efforts of the Party A, the Party B shall pay the performance rate corresponding to the general business employees of Party B.

Article 4 (Responsibilities and Status of Sales Area and Sales Authority)

1. The area where Eul may exclusively sell the contract products under this Agreement by agreement (hereinafter referred to as "contract area") shall be the entire area of the Republic of Korea (hereinafter referred to as "the contract area").

2. B shall indicate the customer’s demand.

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