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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 Plaintiff, under the trade name of “C”, operates a clothing company that supplies swimming clothes or swimming goods, etc. of the D’ trademark, and the Defendant is operating a wholesale and retail business with the trade name of “F”.
B. On March 7, 2009, the Plaintiff supplied various products produced and supplied by the Plaintiff to the Defendant at a reasonable price, and the Defendant concluded a goods supply contract with the following content for the purpose of selling the products supplied by the Plaintiff and promoting mutual benefits.
I agree to comply with and conclude this Agreement, with a view to determining basic matters of common application in respect of the continuous supply and purchase of goods referred to in Article II (hereinafter referred to as "goods"), by referring "A" and "B" as "B", and by prescribing basic matters of common application to goods as defined in Article II (hereinafter referred to as "goods"):
Article 2:Subject Matter and Sales Price
1. A shall supply B with the goods of the D mark(s) and then receive them and sell them to B and to the end-user according to the terms and conditions of the contract made with A;
2.A shall be supplied to B at the price separately determined, and B shall be sold after determining the selling price in advance with A.
(Provided, That specified goods designated by Gap shall be subject to a separate agreement)
3. B may sell at a discount only in the case of the Special Metropolitan City Mayor's prior approval.
4. Transportation costs and other fees incurred in supplying goods to B shall be borne by A, and transportation costs and other charges incurred in exchanging defective goods from B to B shall be borne by B.
Article 3:Conditions of Transaction and Settlement Relation
1. Type of Transaction: Entrustment and direct purchase 1): The normal good shall be supplied to 42% (including VAT) compared to the consumer's choice price. (Provided, That specific goods as Party A may designate, import, planning, and uniform goods shall be subject to mutual consultation at the time of the supply.