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(영문) 서울고등법원 2018.07.20 2017나2035890
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of this court concerning this part of the basic facts is as follows, and this part of the reasoning of the judgment of the court of the first instance is the same as that of the corresponding part of the judgment of the court of the first instance.

At the bottom of the third place, the following shall be added to the fourth end:

[However, it seems that a separate contract is concluded for each item of contract with different contract duration, etc.

A Evidence No. 2, A No. 9

1. The following is added to the end of Section 4, Section 12, “The Defendant Nuriter agreed at that time to pay 6% of the monthly sales from the Plaintiff as commission.”

From the fourth side to the sixth side of the table, the upper part of the table shall be as follows:

The Plaintiff and the Nonparty Company’s delivery contract termination agreement 1) Defendant Nuriow supplied the Plaintiff’s food materials to the Nonparty Company in accordance with the instant logistics agency contract. However, in the foregoing process, the Nonparty Company notified that 34 major inappropriate grounds have occurred, including the Plaintiff’s failure to indicate the distribution period, the Plaintiff’s supply of food materials damaged by the distribution period, or the supply of food materials mixed with foreign substances. (ii) On July 25, 2016, the Plaintiff agreed to terminate the instant supply contract as of August 7, 2016 on the grounds that the Plaintiff’s distribution period was not indicated as indicated below, or the distribution period was not indicated as indicated in the following, or that there were no significant inappropriate grounds, such as the supply of food materials mixed with foreign substances, or the supply of the damaged food materials with foreign substances.

As the suspension of transactions (at least three times after one year, the omission or error of the indication was accumulated) set forth in this “The Standard for International Telecommunications related to Mass Telecommunications,” the cause of termination as prescribed in Article 14(2)3 of the instant Supply Contract has occurred.

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