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대구고등법원 2012.08.31 2011나1294

1. The amount of money that orders payment under the following among the part concerning the claim for damages against the defendant A by the plaintiff in the judgment of the first instance.


1. Basic facts

A. On September 24, 2009, Plaintiff A entered into a domestic exclusive sales right contract (hereinafter “instant one contract”) with Defendant C, who runs a plastic type of business with the trade name “F” (hereinafter “the instant intra-party competition”). The main contents of the contract are as follows.

Article 1 (Power of Business Right) No person other than the plaintiff A shall have a nationwide goodwill.

Article 2(Period for Sales Rights) Article 3 (Minimum Sale Quantity) for 210 days from the date of the Agreement

A. The plaintiff A shall complete the acceptance within 75 days from the date of the first release of 20,000 of the primary order quantity.

B. The plaintiff A had the second order 30,000 pieces above.

The acquisition shall be made within 120 days after the completion of the sale in each subparagraph.

(c) the above A, B.

This Arrangement shall be null and void if the content of each subparagraph is not fulfilled.

Article 4 (Supply Price) Defendant C shall supply 12,00 won per dog to the Plaintiff A.

Provided, That the supply price after the first and second shipment shall be determined after consultation again.

Article 5 (Methods of Settlement of Prices) The full cash settlement and delivery prior to shipment shall be made after the inspection.

Article 7 (Period of Delivery) Within seven days from the ordering date of Article 8 (Other) In the event that the plaintiff A 5,000 orders, the defendant C shall provide the plaintiff A with the 700 of the bridge free of charge.

B. On September 23, 2009, before September 23, 2009, Plaintiff A and Plaintiff B entered into a contract with Plaintiff B, a seller of Ansan, to grant Plaintiff B a domestic exclusive sales right for the instant Ansan test (hereinafter “instant two contract”). The content of the instant contract is the same as the instant one, except that the Plaintiff’s supply price is KRW 15,000, and the phrase “the instant two contract is aware and respected that it was made on the basis of the content of the instant one contract.”

C. Around October 2009, Defendant C’s unit price (hereinafter “unit price of this case”) supplied to Plaintiff A is 12.0% per each unit.