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(영문) 서울중앙지방법원 2019.09.06 2018가합524202
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The status of the Plaintiff is a company that runs the cosmetic distribution business, etc., and the Plaintiff was established with the trade name of C, a company that runs the cosmetic distribution business, and changed to the current trade name on July 25, 2016. The Defendant is a company that runs the cosmetic manufacturing business, etc.

B. On January 7, 2016, the Plaintiff entered into a contract with the Defendant for exclusive supply (hereinafter “instant exclusive supply contract”) with the content that the Defendant supplied Defendant’s brand cosmetics to the Plaintiff, but the Plaintiff entered into a contract for goods supply with the content that the Plaintiff sold only in the Chinese territory (China and Hong Kong). Accordingly, the Plaintiff started to be supplied with color cosmetic, etc. from the Defendant around that time. (2) On April 26, 2016, the Plaintiff entered into a contract with the Defendant with the Defendant for exclusive supply (hereinafter “instant exclusive supply contract”) with the content that the Plaintiff exclusively sells part of the Defendant brand products in the middle zone (hereinafter “instant exclusive supply contract”). Of the content of the instant exclusive supply contract, the content of the instant case related to the instant exclusive supply contract is as follows.

1. The product of brand supplied by the Defendant to the Plaintiff is the subject matter of this contract.

(hereinafter referred to as "goods") 2. The defendant shall exclusively supply the goods listed in the attached Table to the plaintiff pursuant to the provisions of the preceding paragraph.

3. The supply price of the goods listed in the separate sheet shall be adjusted downward after consultation with the defendant at the time of continuous sale.

4. A good other than “goods” listed in the separate sheet shall be supplied for a good for which prior written consultation has been completed by the Defendant and the Plaintiff in accordance with the terms and conditions of this Agreement, and shall be added to the separate sheet.

5.With respect to a transaction of goods other than those listed in the Schedule, a separate contract may not be prepared for mutual convenience (only in addition to the Schedule), where no additional contract has been prepared, or where the additional contract has been made.

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