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(영문) 서울중앙지방법원 2020.02.05 2019나30944 (1)
대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of the court of this case cited in the judgment of the court of first instance is as follows, except for the following: (a) the 10th to 11th of the judgment of the court of first instance is used; and (b) thus, it is consistent with the main sentence of Article 420 of the Civil Procedure Act.

2. Part 2 of the instant arrangement is a provision prohibiting Defendant B from selling other products than the Plaintiff’s designated goods. It is difficult to view it as a provision prohibiting Defendant B from using other products. The above recognition alone is difficult to view that Defendant B sold other products. Furthermore, the above recognition alone cannot be deemed as neglecting the management of the sales organization. Furthermore, in light of the following circumstances recognized by Defendant B’s overall purport of entry and pleading as evidence No. 20 and evidence No. 13, it is difficult to view that Defendant B’s use of other products constitutes a violation of Article 10 of the instant consignment contract. ① It is difficult to view that the skin management office belongs to the same kind of food store as that of the Plaintiff’s designated goods, and Defendant B asked Plaintiff B, prior to the operation of the skin management office, prior to the Defendant B’s use of the products, and it is difficult to view that the Plaintiff’s use of the products was not significantly affected by the Plaintiff’s use of the products in the instant case.

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