logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2017.02.10 2016가단23117
계약보증금 등 반환
Text

1. The Defendant’s KRW 68,944,767 and its relation to the Plaintiff shall be 6% per annum from January 3, 2013 to June 15, 2016 and the next day.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that operates a business of planning and manufacturing cosmetics, selling TV, and selling telecommunications services using the Internet in Japan. The Defendant is a company that runs the retail business of cosmetics, the business of manufacturing cosmetics, and the business of manufacturing cosmetics and the business of manufacturing cosmetics in Korea.

B. On May 3, 2012, the Plaintiff and the Defendant entered into a contract with the exclusive sales agency (hereinafter “instant contract”) that grants the Plaintiff the exclusive right to exclusively sell, import, sell, and distribute the cosmetics of the C brand that the Defendant handled to the Plaintiff within Japan.

C. On June 26, 2012, the Plaintiff paid to the Defendant KRW 40 million as part of the deposit under the instant contract.

From October 5, 2012 to October 18, 2012, the Plaintiff ordered the product three times and paid KRW 28,944,767 on three occasions. The Defendant sent to the Plaintiff a letter of goods invoice that the Defendant loaded the product amounting to USD 29,161 on October 5, 2012, USD 2,310 on October 2, 2012, USD 9,000 on October 18, 2012, USD 3,165 on November 28, 2012.

E. On November 23, 2012, the Defendant closed the Plaintiff’s web page for the sale of goods imported from the Defendant, and requested the suspension of the sale of the pertinent goods, on the ground that “The right to sell goods using the Plaintiff’s portrait in the country of Japan, which is the Adol Group in Korea, was issued a warning that the Plaintiff cannot sell the goods using D’s portrait.”

[Ground of recognition] Unsatisfy, Gap evidence 1 to Gap evidence 6, whole purport of pleading

2. The parties' assertion

A. According to the Plaintiff’s assertion and the contract with the Defendant and D’s employees, the Defendant can sell only the products with D’s portraits in Korea, and the Plaintiff may not import and sell the products with D’s portraits from the Defendant to Japan.

The plaintiff can sell products that the defendant concealed these facts and used D's portrait online, etc. in Japan.

arrow