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(영문) 광주고등법원 2016.01.27 2014나351
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On February 2003, the Plaintiff entered into a contract with the Defendant on the purchase and sale of electronic equipment manufactured and distributed by the Defendant.

Accordingly, for the plaintiff's operation of the store, the defendant leased the store located in Nam-gu, Gwangju to KRW 300 million from the Yonhap News, and sublet it to the plaintiff at KRW 1.8 million monthly rent. From March 2003, the plaintiff started to operate the "specialized store of XCVAS TV and home creamter" in the above store.

B. In order to promote the sales of electronic and electronic equipment, the Defendant paid various incentives according to certain standards to specialized stores, including the Plaintiff. The Plaintiff has been settled the amount of incentives by deducting the amount of incentives to be paid from the prices of goods purchased from the Defendant and paying the remainder to the Defendant.

C. On August 1, 2006, the Plaintiff entered into a basic contract on the exclusive purchase of only the Defendant’s products to sell them to consumers, and, in relation to the basic contract on the exclusive transaction that prevents the Plaintiff from displaying or selling other products than the Defendant’s products, a store support agreement with the Defendant to provide certain support to the store operated by the Plaintiff (hereinafter “instant specialized store support agreement” and “the instant specialized store support agreement” and “the instant specialized store support agreement” collectively referred to as “the instant specialized store support agreement and the instant store support agreement”). In short, the Plaintiff transferred the said specialized store to the store located in Nam-gu Seoul Special Metropolitan City C (hereinafter “instant store”).

In the process, the Plaintiff received KRW 1.3 billion from the Defendant under the instant specialized store contract and store support agreement, and the Defendant and the Defendant paid the above store support fund in the amount of KRW 13.5 million on the 25th day of each month from June 2006 to April 2014, and repaid in installments in the amount of KRW 17.5 million on May 23, 2014.

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