(영문) 서울동부지방법원 2018.01.31 2017가합101872

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(영문) 서울동부지방법원 2018.01.31 2017가합101872

손해배상(기)

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1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 100,00,000, and each of them.

Reasons

1. Basic facts

A. On December 22, 2014, the Plaintiff entered into a contract with Defendant B to delegate the sales of this case with a company engaging in manufacturing and selling cosmetics.

The main point of the contract is that the plaintiff provides a place of business to the defendant B, who is the manager (director general) and delegates the sale of cosmetics, and the defendant B solicits the seller at his own responsibilities and expenses, and then sells the cosmetics, and then the plaintiff sells the cosmetics.

Of the terms of the instant sales delegation agreement, the parts related to the instant case are as follows.

§ 3. Duties to comply with laws and regulations of the company

4.A company [Plaintiff] may not be engaged in a business for the purpose of selling like products or work for another business entity (including an individual or a legal entity) for the purpose of selling like products during the contract period.

Article 10 (Termination of Contracts)

4.In the event that the Manager wishes to terminate this contract, it shall notify the Company at least three months prior to the time it is engaged in a business for sale of the same kind of product, and if it is intended to terminate this contract by reason of change of occupation or other reasons, it shall notify the Company by specifying the reasons not later than one month prior

If the notice is not raised by the company within 10 days from the date of arrival of the company, the contract shall be considered to have been terminated on the date when the notice arrives at the company, and the contract shall be deemed to have been terminated on the date when 3 months

Article 11 (Liability for Damages)

3.In violation of the provisions of paragraph 4 of Article 3, when the Manager has terminated the contract with the Company by engaging in a business for the sale of the same kind of product during the contract period or by engaging in a business for the sale of the same kind of product for another company, the Manager shall compensate the Company for the following amount:

2. The deposit money for the lease of the office provided by the company to the manager, if the office is the lease of the office.

유사 판례

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