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(영문) 서울남부지방법원 2020.09.08 2019가합107143
물품대금
Text

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

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

Reasons

Basic Facts

On May 1, 2016, the Plaintiff concluded a goods supply contract with C Co., Ltd. (D Co., Ltd. (hereinafter “C”) on May 1, 2016 and conducted import as an agent in the manner of requesting the import of certain goods by paying the price to C.

On October 2017, the Defendant concluded a monopoly sales contract with the F Limited Liability Company, H Limited Liability Company possessing the trademark, “G”, and “J Limited Liability Company holding the trademark and the said Company’s exclusive power to issue a monopoly sales license and a sales license in the Republic of Korea on the goods of the said Company, and sold them through distribution channels, such as domestic home shopping broadcasting and department stores.

Around November 9, 2017, the Plaintiff entered into the first import agency contract with the Defendant for the import of each product as to the Defendant’s women’s bags, K and G trademarks, women’s shoes, and business (L) goods, the Plaintiff entered into a contract with the Plaintiff for import of each product, and the import-sale contract with the Plaintiff for import of each product and to sell and transfer bills of lading to the Defendant (hereinafter “instant import agency contract”) and a transaction agreement relating to the sale and supply of goods through the domestic home shopping (M), carbs, and Internet shopping mall (hereinafter “instant transaction agreement”) with the Defendant’s request for the import of each product by November 9, 2018.

The details of the above import agency contract and transaction agreement related to the instant case are as follows:

Article 1 of the import agency contract of this case / [Transaction Method] The defendant requests the plaintiff to import certain goods in accordance with the request for advance sale order, and the plaintiff imports goods and sells them and bill of lading to the defendant.

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