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1. Defendant B Co., Ltd.: KRW 8,971,432 and 6% per annum from July 29, 2017 to June 1, 2018.
Reasons
Basic Facts
The pertinent Plaintiff of the parties is a company established on November 12, 2014 for the purpose of tobacco wholesale and retail business, and Defendant B (hereinafter “Defendant Company”) is a company established for the purpose of electronic tobacco trade business, etc., and Defendant C is the representative director of the Defendant Company.
D is a representative director of E Co., Ltd. (hereinafter referred to as “Nonindicted Company”) and a person who actually establishes and operates the Plaintiff.
On February 2014, Defendant Company established an electronic tobacco assembly plant in China to produce electronic tobacco.
D around spring 2014, the Defendant Company purchased electronic tobacco corresponding to the F’s “G”, “H” model, and concluded a verbal agreement to sell D’s own brand to a multi-party shop (referring to a store selling various brand products), using D’s own brand, and purchase products falling under “G” at KRW 40,000 per set and KRW 45,00 per set.
Around May 2014, Defendant Company and Nonparty Company entered into a contract for total sales and supply of “E electronic tobacco” (hereinafter “related supply contract”).
Related to supply contracts are as follows:
Article 2(Goods) The goods of this Agreement refer to all “electronic tobacco” in the goods related to the electronic tobacco of the E brand supplied by the Defendant Company.
Article 3 (Sales Area)
1. An area in which the non-party company sells the goods of the defendant company (hereinafter referred to as “sale area”) shall be designated as a Korean entire area and shall obtain prior approval from the defendant company when it intends to sell the goods of the defendant company outside the above area.
Article 7(Rights) The non-party company has the exclusive right to sell electronic brand exclusive tickets of E brands in all regions of Korea, and is entitled to own advertisements, and has the authority for Do and retail.
Article 10 (Term of Contract)
1."This Agreement" shall enter into force upon the signing and sealing of both Parties.