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(영문) 서울중앙지방법원 2017.01.11 2016가합531169
간판철거등 청구의 소
Text

1.(a)

The defendant removes the signboard "C points" installed on the outer wall of the building of the first floor in Busan-gu, Busan-gu.

Reasons

1. Basic facts

A. The Plaintiff is a company that manufactures functional disorder with the trademark called 'Narzi' or ‘Narzi' and sells it through an agency across the country. On January 2015, the Defendant entered into a sales store contract with the Plaintiff (hereinafter “instant contract”) and operates a "C store" (hereinafter “instant store”) on the first floor of Busan-gu B, Busan (hereinafter “instant store”).

B. Details of the instant contract are as follows.

Article 2 (Designation of Sales Store) The plaintiff shall designate the defendant as an official sales store, and the defendant shall approve the rights and obligations of the defendant as the above sales store prescribed in this Agreement, and shall faithfully perform the obligation to sell and pay the goods under the following terms and conditions:

Article 5 (Designation of Goods for Sale and Restrictions on Items Handling) (1) The plaintiff shall supply goods he/she manufactures or purchases through domestic or foreign importation, etc. to the defendant.

(2) No defendant shall arrange, sell, or handle goods supplied by the plaintiff directly or without prior approval from the plaintiff at the defendant's business place.

Article 8 (Supply Price and Sale Price) The supply price of the goods supplied by the plaintiff shall be determined by the plaintiff, and the sale price sold by the defendant to the consumer shall comply with the consumer franchise price determined by the plaintiff.

Article 9 (Grounds for Suspending Supply of Goods) If the Defendant’s payment suspension of the purchase of goods, default on checks, etc., delay in the payment of the purchase of goods against the Plaintiff, or the Defendant’s failure to perform its contractual obligations, the Plaintiff may immediately suspend the supply of goods to the Defendant.

Article 15 (Restriction on Sale and Business Conduct through Online) The defendant receives any online shopping mall, Internet camera, open market, etc. operated by others from the plaintiff or any third party.

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