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(영문) 서울중앙지방법원 2018.11.09 2017가합542753
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the parties is a company aimed at combined freight forwarding business, education on logistics, warehouse business, etc.

The defendant is a company that manufactures and sells cosmetics of brand "TYMOY".

B. 1) The Plaintiff and the Defendant concluded a commodity supply contract (i.e., the conclusion of a commodity supply contract) under which the Plaintiff and its subsidiaries intend to resell the products, such as cosmetics provided by the Defendant, its subsidiaries, and affiliates, to customers in Annex C, which are limited areas in which the contract period on January 1, 2016 is from January 1, 2016 to December 31, 2018 (hereinafter “instant commodity supply contract”).

)을 체결하였다. 이 사건 물품공급계약의 부속서 중 이 사건과 관련된 내용은 아래와 같다. ▣ 부속서 A(계약 조건

2. Contract;

A. The defendant designates the defendant's distributor within the region and grants the defendant's right to sell, import, operate, and distribute the product to the local distributor for this purpose.

The plaintiff approves his/her status as a regional distributor under the terms and conditions of this contract and the provisions thereof.

(b) the scope of the rights is limited to the area specified in Annex C, and its effect does not extend to any sale of any kind made in any other area than the agreed area.

4. The Plaintiff placed an order once or twice a month in accordance with the fixed order and the additional order procedure agreed with the Defendant.

5. Purchase.

A. During the mutually agreed contract period, the defendant sells to the plaintiff on the basis of the plaintiff's timely order, subject to the conditions provided for in this contract through the defendant's appropriate acceptance.

The defendant becomes unable to supply the defendant's product as promised, and thus is responsible for the transaction profit and product damage incurred by the plaintiff.

When the plaintiff cancels the order approved by the defendant, he shall be liable for all the damages incurred to the defendant as shown above.

6. India.

(c) this Agreement;

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