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(영문) 서울남부지방법원 2018.04.26 2016가단264727
손해배상(기)
Text

1. The defendant shall pay 25 million won to the plaintiff and 15% per annum from January 3, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On January 20, 2015, the Plaintiff entered into a contract with the Defendant to supply food (laver) on the second floor of the Seoul Yongpo-gu Building B, Seoul, the second floor of the duty-free tourism store (laver).

(hereinafter “instant contract”). B.

According to the contract of this case, ① the Plaintiff supplied the goods to the Defendant’s second floor 240, which was operated by the Defendant, and received the sales amount after deducting a certain amount of profit (40%) from the sales of the goods (Article 2 of the contract), ② the Plaintiff shall pay the Defendant the development cost of KRW 15 million and monthly management expenses and sales fees (Article 3), and ③ the Defendant shall pay the goods price to the Plaintiff within 30 days from the sales date of the goods.

C. On January 21, 2015, the Plaintiff remitted the development cost of KRW 15 million to the Defendant’s account, and the same year from March 2, 2015.

3. By July 3, 198, up to KRW 10 million, such as Kim & Jin, supplied goods equivalent to KRW 10 million.

The Defendant did not properly sell the Plaintiff’s products within the said duty-free tourist store even though the goods were supplied by the Plaintiff, and the Defendant did not comply with the Plaintiff’s demand for return of the products.

E. The Plaintiff expressed his intent to terminate the contract with the Defendant by serving a written complaint of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination as to the claim

A. According to the above facts, the defendant violated important matters of the contract since it failed to perform its obligations under the contract of this case, and thus, the contract of this case was made as above 1. A according to the plaintiff's declaration of termination.

was terminated in accordance with section 26(2)(4) of the contract described in

It is not argued that if the contract is terminated, the defendant should return the development cost.

Therefore, barring special circumstances, the defendant shall return to the plaintiff the above development cost of KRW 15 million, and the amount equivalent to KRW 10 million supplied by the plaintiff.

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