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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.
Defendant C is separate from Defendant B.
Reasons
1. Basic facts
A. On October 26, 2012, the Plaintiff entered into an alliance agreement with Defendant B, with a view to mutually cooperatinging with each other with the term and progress of the fashion brand in TV home shopping for a common purpose, with the following major contents:
Defendant B has the Plaintiff’s trademark “D” business operation authority, takes charge of the increase in sales of TV home shopping sales and the following business activities (Article 2), planning and production of products, and take overall control of TV home shopping business activities.
(b) Article 5(b). The Plaintiff shall exercise overall control over design planning, product planning, and overall production, and participate in product publicity (Article 5(a)) and Defendant B shall pay 3% of the sales proceeds as commission.
(Article IV (A). (b)
On the same day, the Plaintiff entered into a supply contract with Defendant C on the same day with a certain condition to broadcast and sell “D”-learning products, and the Defendant C entered into a supply contract with the following major contents in order to establish all the standards and principles for the transaction of goods to be supplied.
Defendant C shall manufacture products in accordance with the Plaintiff’s production instruction (Article 2), and specific matters concerning the transaction, such as the name, quantity, unit price, quantity, and the payment period, shall be in accordance with the work instruction to be separately concluded (Article 3). In principle, the payment shall be made in full.
The Home shopping sales settlement case shall be paid in consultation with each other.
(Article 7). If the Home shopping sales remains at the end of the sales, all the rights of the product as much as the attempted amount shall be held by Defendant C, and the right of the product shall be held by the Plaintiff in full when the outstanding amount is paid in full.
(Article 8(1). The payment that the Plaintiff paid to the Defendant C in relation to the down payment, intermediate payment, and contract that was paid to the Defendant C when the contract is reversed on the ground of the Plaintiff during the process of this recommendation is reverted to the above Defendant (Article 12(2)).
On November 2, 2012, the Plaintiff was involved in the Home shopping business of this case and Defendant C.