logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.20 2016가합522653
손해배상(기)
Text

1. The plaintiff's main claim is dismissed.

2. The plaintiff's conjunctive claim shall be dismissed.

3. The costs of the lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a Korean national corporation whose main purpose is to carry on wholesale and retail business, such as juice, quasi-pathy, and miscellaneous goods, and the Defendant is a business operator who operates a fashion brand "TOUS" and whose main purpose is to manufacture and sell juice, liquid spath, and other miscellaneous goods.

B. Around 2000, the Plaintiff entered into a contract with the Defendant to import and sell the Defendant’s brand products (hereinafter “instant product”) in Korea (hereinafter “instant contract”).

However, the plaintiff concluded the above contract with the defendant orally, and did not prepare the contract.

C. Under the instant contract, the Plaintiff directly imported and sold the instant goods from the Defendant in the department store, and the Defendant directly supplied the instant goods in the name of the Defendant at the duty-free shop, and the Plaintiff received brokerage fees from the Defendant in return.

On November 21, 2005 and July 6, 2007, the Defendant delivered to the Plaintiff a document stating that “the Defendant shall grant the Plaintiff exclusive sales rights for a period of one year.” On July 6, 2008, the Defendant granted the Plaintiff exclusive sales rights for one year from July 6, 2008, and the Defendant may remove such rights by notifying the Plaintiff 60 days prior to the 60 days prior to the removal (hereinafter referred to as “covered”).

E. From January 1, 2011 to October 21, 2014, the Defendant stated to the Plaintiff, “(i) the Defendant grants the Plaintiff the exclusive sales right, and (ii) the period for granting the exclusive sales right to the Plaintiff, ② the detailed list of domestic sales stores ③ the period for granting the exclusive sales right, ④ the Defendant may remove the exclusive sales right (the “covered” or “mared” with the notice given 60 days prior to the 60-day period (hereinafter referred to as the “each of the instant authorization”).” each of the documents, including each of the above subsection(d).

arrow