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1. Of the judgment of the first instance court, KRW 3,400,000 against the Plaintiff and its related thereto, from April 25, 2014 to November 26, 2014 to the Plaintiff.
Reasons
Basic Facts
A. On April 24, 2012, the Plaintiff entered into a natural paint agency contract with the Defendant (Seoul Highest Co., Ltd.) (hereinafter “instant agency contract”), and paid KRW 15,000,000,000 to the Defendant for advance payment of goods.
The main contents of the above agency contract are as follows:
Article 4 (Business Place and Business District)
4. The business district security area shall be based on Jeju-do;
No agency shall be granted in Jeju-do.
However, the defendant is not in the business district of the defendant as a business district separate from the B wood bank operated by the A Co., Ltd.
Article 5 (Representative Fees)
1. The agency shall provide the prescribed agency expenses for smooth transactions with the defendant not later than the beginning date of the store business; and
2. The agency fees are not refunded to the agency at the expense of Defendant brand salesroom occupants and are owned by the Defendant.
Article 7 (Effect of Contract)
1. The term of validity of this Agreement shall be two years from the date of its conclusion and shall take effect upon the date of its conclusion.
Article 8 (Termination of Contracts)
1. The defendant or agency may terminate the contract at least twice in writing with a grace period of not less than two months, after specifying the violation of the contract in detail, and notifying at least twice that the contract will be terminated if the contract is not corrected, in the following cases:
(1) If the Defendant did not supply or manage the agreed product without justifiable grounds, or delays the supply or management support.
2. The defendant or the agency may terminate the contract without a peremptory notice in any of the following cases:
(1) In the event of a natural disaster, (2) in the event that there is an objective inevitable reason for the agent to continue its business, (3) in the event that the defendant goes bankrupt, (4) in the event that the defendant goes bankrupt, (5) in the event that the defendant is subject to compulsory execution.
B. On the other hand, around July 201, the Defendant (hereinafter “Nonindicted Company”) and the total sales contract with A Co., Ltd. (hereinafter “Nonindicted Company”) in the instant case.