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(영문) 대구지방법원 2018.12.13 2018가단105757
손해배상(기)
Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. The summary of the Plaintiff’s assertion is that the Defendant: (a) around February 2017, as the operator of E Co., Ltd. (hereinafter “E”) that manufactures and sells D’s brand cosmetics (hereinafter “D”); (b) the Plaintiff (Appointed; hereinafter “Plaintiff”); and (c) the Appointor C (hereinafter “Appointed”) agreed to recognize the general business rights of the Appointor as to the instant cosmetics (hereinafter “instant business agreements”) to the Appointor when the Appointor and the Appointor C (hereinafter “Appointed”) have colored and excavated the instant cosmetics in Vietnam.

Accordingly, from around that time to April 2017, the designated parties took contact with the Vietnam local company and directly visited Vietnam to conduct business activities, etc. As a result, at the EXPO held in Vietnam on April 19, 2017, the designated parties entered into a cosmetics export contract between F and E, a local company of Vietnam, which was introduced by the designated parties to the Defendant.

However, upon the conclusion of the cosmetic export contract, the Defendant denied the fact that the Defendant entered into the instant business agreement with the designated parties and rejected the implementation thereof.

In light of the business agreement of this case, the Plaintiff suffered damages equivalent to KRW 10,000,00,000 equivalent to the business rights that he could have acquired, and the amount of KRW 20,000,100,100 equivalent to the total amount of KRW 10,000,000, and the amount of KRW 5,000 and the amount of KRW 5,000,000 equivalent to the business rights that he could have acquired, and as such, C suffered damages equivalent to KRW 10,00,000, the Plaintiff primarily sought damages from the Defendant.

Even if it is not recognized that the instant business agreement was concluded between the designated parties and the Defendant, the designated parties will pay considerable expenses to handle the affairs of the Defendant.

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