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(영문) 전주지방법원 2019.01.17 2017가합444
손해배상(기)
Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) was from January 18, 2019 to KRW 3,434,323 against the Plaintiff-Counterclaim Defendant-limited company and its related amount.

Reasons

1. The principal lawsuit and counterclaim shall be deemed to be filed together with the facts of recognition;

A. 1) The defendant is a company that manufactures and sells new shoes, clothing, etc. under the trade name of "D", and the first trade name was E, and the F and C Co., Ltd. (the defendant is a company separate from the defendant) on March 31, 2015.

(2) The merger and consolidation, regardless of whether it was before or after the merger and mutual change (hereinafter referred to as “the Defendant”).

(2) Plaintiff B sold the Plaintiff Company’s products D from around December 201, 201, as the representative director of the Plaintiff Company, the Seongdong-gu G Building, and H from around December 201.

Plaintiff

On January 5, 2011, after the company changed to I, it sold D products, and changed its trade name to JA on August 19, 2015, it used its trade name from April 8, 2016.

3) K, the husband of the Plaintiff B, is a limited company L, separate from the Plaintiff Company (former mutual limited company M, hereinafter “limited company M”).

B) On May 31, 201, the Plaintiff Company entered into a sales store contract with the Defendant (hereinafter “instant contract”) with the Plaintiff Company, setting the contract term of one year and 20,000,000 won (hereinafter “instant contract”). The main contents of the contract are as follows.

Article 2 (Period of Contract) (1) In the event that the Plaintiff Company or the Defendant does not give written notice to the other party of the termination of the contract or of the wish to conclude the contract due to the modification of the terms of the contract one month prior to the expiration of the term of this contract, the term of this contract shall remain for one year under the same conditions as the transfer.

3) If the Defendant notifies the termination of the contract due to the reason that the sum of the obligation to deposit for one year as of the expiration date of the contract term falls short of the standard set by the Defendant, the Plaintiff Company cannot raise any objection. Article 5 (Main and Price) 1) The finishing of the store is 35% of the clothes, 30% of the shoes, and 30% of the supplies (based on the consumer sale price).

2..

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