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(영문) 서울중앙지방법원 2016.12.08 2016가합535369
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Around August 2013, the Plaintiff asserted that the Defendant and the Plaintiff entered into a continuous supply contract with the Defendant to supply the said goods to the Defendant after processing the said goods to the Defendant’s store as a shower shower.

The Defendant solicited the Plaintiff to establish a franchise store for the chip Party under the supply contract as above, and the Plaintiff accepted the Defendant’s demand and opened “B store for the chip Party” at KRW 530 million on November 2, 2013.

In order to implement the contract with the defendant, the plaintiff imported Russia, sent it to a processing plant in China, processed as a shower shower, and stored a processed large store into Korea and in storage.

However, from December 2, 2014 to January 21, 2015, the Defendant provided only 400 boxes, and unilaterally suspended the order for the product.

The above processed freezing store is processed only for the purpose of delivery to the defendant's franchise store, and it cannot be used in any place other than the defendant's franchise store, and the plaintiff cannot sell the above products in any other place.

The Plaintiff incurred a considerable amount of damages, such as the market price of freezing stores in custody due to the Defendant’s nonperformance as above, and thus, the Plaintiff sought payment of KRW 210 million as part of the above damages to the Defendant.

2. Comprehensively taking account of the overall purport of the pleadings as to the statements in the evidence Nos. 1 through 5, the Plaintiff entered into a franchise agreement with the Defendant on July 25, 2013 under the name of the Defendant and set up “B store per debt”, and the Defendant purchased respectively 13 million won from the Plaintiff on December 2, 2014 and paid each goods amounting to KRW 13 million on December 23, 2014.

However, only the above fact of recognition alone was concluded a continuous supply contract for freezing processed between the Plaintiff and the Defendant.

(2) On the premise of the above continuous supply contract, the Plaintiff entered into the franchise agreement with the Defendant and entered into the agreement with the Defendant B.

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