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(영문) 서울중앙지방법원 2018.11.01 2017가합559836
경업금지 등 청구
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

가. 원고는 ‘C’라는 상호로 2013. 12.부터 중고 명품(루이비통, 샤넬, 구찌 등 해외 유명 브랜드 물건 중 이미 사용되어 중고로 거래되는 것을 말한다, 이하 같다)을 D, E 등과 같은 국내 대형 유통업체에 단기간 입점하여 판매하는 방식으로 중고 명품 사업을 영위하는 사람이고, 피고는 원고와 친구 사이이다.

B. On November 6, 2016, when the Plaintiff and the Defendant set the contract term as 12 months from the date of the conclusion of the contract and the Defendant procured valuable valuable commodities at their own expense, the Plaintiff sold them at the large distribution enterprise in which the Plaintiff participated, and 50% of the settlement amount after deducting 3.3% of the expenses, fees, and net profits incurred in the sale from the sales amount, and entered into a contract for business cooperation and commodity supply (hereinafter “instant contract”) with which the Defendant is to receive the distribution of 3.3% of the settlement amount. The main contents are as follows.

Article 1 (Purpose) The purpose of the instant contract is to stipulate the division of work between the Plaintiff and the Defendant in relation to the supply of secondhand crafts to the Plaintiff in the middle and second Masters Business through the Plaintiff’s large distribution store (hereinafter “instant business”) and to promote mutual interests through the provision of the division of work between the Plaintiff and the Defendant.

Article 4 (Terms and Conditions of Delivery and Destruction of Goods)

2. The defendant shall deliver the goods to the time and place designated by the plaintiff in accordance with the contents of the written request for order.

Article 5 (Responsibility at Time of Extradition) The defendant shall compensate the plaintiff for any loss caused to the plaintiff by failing to supply second and second Masters until the commencement date of sale of the business of this case by delay in delivery of the goods.

However, if it is delayed due to a natural disaster or other force majeure, it shall not be held liable.

Article 7 (Rights to Selling Areas)

1. The defendant shall provide the plaintiff's competitor and competitor's overseas subsidiaries, branch offices and senior masters in Korea.

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