Text
1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
Basic Facts
The plaintiff is a company that runs educational equipment, scientific equipment, operation equipment, and retail business, and the defendant is a person who manufactures and sells teaching equipment for children under the trade name B.
On December 21, 2013, the Plaintiff entered into an exclusive supply and sale agreement with the Defendant to purchase C, D, E, F, etc. from among the products produced and supplied by the Defendant as an exclusive agent and to sell them to the entire regions of the Republic of Korea and China (hereinafter “instant agreement”). The main contents of the agreement are as follows.
Article 1 (Appointment of Tradeer)
1.A (the Defendant, hereinafter the same shall apply) shall select B (the Plaintiff, hereinafter the same shall apply) as a sole agent of A to sell goods within the present area under the terms and conditions set out in this Agreement, and A shall accept it.
2. A does not sell goods to, directly or through a third party, a customer within the present area (hereinafter referred to as “customer”) and does not appoint any other representative, agent, distributor, or similar person who sells or lends to, a customer, and B shall make best efforts not to sell or lend goods to, customers within the present area directly or through a third party and take necessary legal measures.
§ 12. (Methods of Prohibition and Prohibition)
1. In principle, transactions between the parties shall be made in cash, but where it is inevitable, transactions on credit may be conducted within the extent of consent of A under the agreement between the parties concerned;
2. A may impose a late payment charge on a rate set by A, if the period set by A exceeds the period set by B, taking into account the day before the credit transaction.
3. Eul must pay to Gap the minimum set of the contract at the time of the contract, and Gap must put the goods at the date of mutual agreement.
In addition, A conflicts with the rules of accident and law that arise due to the final error presented to B.