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(영문) 서울중앙지방법원 2019.08.30 2018가합541153
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 258,750,000 to the Plaintiff (Counterclaim Defendant) and its related amount from July 3, 2018 to August 30, 2019.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On January 2018, the Plaintiff and the Defendant engaged in the business of manufacturing and distributing cosmetics and beauty art products, which developed joint brand products, and conducted consultation procedures to conduct public relations and marketing activities through C broadcasting channels and online (hereinafter “instant joint business”).

B. In the course of the consultation on the instant joint project, the Plaintiff and the Defendant discussed that “D”, which is a container for the skin, was sold in C online shopping mall (hereinafter “instant online shopping mall”). At an open meeting on January 11, 2018, the Plaintiff and the Defendant set 1,500 products, which were manufactured by the Defendant differently from the color, color, color, etc. of the existing D products to the Plaintiff for the instant joint project (hereinafter “instant product”), and supplied 345,000 won per product (including value-added tax) to the Plaintiff, and the Plaintiff would sell the said product at the instant online shopping mall (Article 1-3), and the Plaintiff decided to affix a seal on January 2018 after reviewing the supply contract on the instant product.

of No. 1 of this title

7. The supply contract of the instant product, which was scheduled to be concluded upon the above consultation, is called the “instant supply contract.”

(c) On January 25, 2018, the Defendant concluded a consultation with the Plaintiff on a group of “F” (D products previously produced; hereinafter “F products”).

(D) On January 26, 2018, before the initial date of the instant supply contract, the Plaintiff supplied 750 copies to the Plaintiff Company’s Logistics Center. At an open meeting on the same day, the Plaintiff and the Defendant subsequently returned 1,500 parts of the instant products to the Defendant’s bank account under the name of the Defendant (No. 5,8750,000,000 won out of the total amount of KRW 517,500,000,000,000,000 won, out of the total amount of KRW 517,000,000,000 won, to the Defendant’s account under the name of the Defendant (No. 5, 100,000).

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