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(영문) 서울동부지방법원 2018.11.09 2018나22123
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. The Defendant is a person who manufactures and sells pet animals, feed, etc. (hereinafter “instant product”) with the trade name of C.

On or around July 10, 2015, the Plaintiff reported the advertisement posted by the Defendant at the newspaper and visited the Defendant’s factory on or around the 18th day of the same month. On or around August 7, 2015, the Plaintiff received business plans, C liability details, sales details by transaction parties, facilities, and other details from the Defendant.

B. On August 28, 2015, the Plaintiff and the Defendant concluded a total sales contract with the content that the Defendant manufactured and produced the instant product and delegated all of the sales business of the instant product to the Defendant (hereinafter “instant sales contract”) and notarized.

The Defendant received KRW 30,000,000 from the Plaintiff, and prepared a receipt for KRW 15,000,000 for total amount of deposit and a receipt for KRW 15,000 for KRW 15,00,000 for each and issued to the Plaintiff.

The main contents of the instant sales contract are as follows:

1. The summary and purpose of the contract (Omission) is to develop the product of this case and to promote mutual economic interests by creating a wide sales network and increasing sales by making the best effort to distribute the product of this case. The purpose of this contract is to promote mutual economic interests by creating a common prosperity.

2. The transferee of the sales right transfers the right to sell all products manufactured and produced by the Defendant to the Plaintiff.

(Omission) Business entities (D, E, F, G, H, I, J, K, etc.) previously conducted by the Defendant and sales rights of L, M, etc. currently being promoted are also included.

4. The Plaintiff acquiring the total sales right shall be subject to the following conditions, when it acquires from the Defendant all the sales rights of the products owned by the Defendant, and all the intangible values of the transaction partners that the Defendant had created, from the Defendant, in total, KRW 30,000. A Of the above KRW 30,000,000, KRW 15,000,000 as total sales deposit, and KRW 30,000,000 as total sales deposit.

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