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(영문) 서울고등법원 2019.10.24 2018나2072964
손해배상(기)
Text

1. The part concerning the principal lawsuit in the judgment of the court of first instance, and the part concerning the counterclaim, which is ordered in paragraph (3) below.

Reasons

1. Facts of recognition;

A. The Plaintiff (the trade name of the Plaintiff was changed from C to D, March 31, 2017, and as of June 5, 2018, respectively, to A) acquired 61,200 shares of E (the actual operator K; hereinafter “E”) that mainly engages in the distribution of cosmetics on July 19, 2016 for the purpose of entering the cosmetics sales business.

B. On August 18, 2016, the Plaintiff entered into a goods supply contract with the Defendant on the MTS under the name of “FSC” (hereinafter “instant MTS”). The details are as follows.

(hereinafter “this case’s goods supply contract”). Article 1 / [Purpose of this contract] The purpose of this contract is to promote mutual interests between the Plaintiff and the Defendant in selling the products of this case, which the Defendant produces and supplies in Korea, to the Plaintiff.

Article 3 [Sales Area and Distribution Channels] (1) The Plaintiff may sell to the areas specified in the contract signed between the Defendant and the Plaintiff. 2) The Plaintiff may engage in sales activities with respect to Korea, China, Hong Kong, Taiwan, and distribution channels listed in the following subparagraphs by obtaining an exclusive status as to the business of the Defendant:

except as provided in subparagraph (e).

Article 4 [Supply Price] The supply price agreed between the plaintiff and the defendant shall be separately entered in the incidental agreement Mex 1.

Article 5 [Observance of the Time Limit for Payment] (1) The plaintiff shall request the order for the contract product with the order form (including the week of order, quantity of production, date of delivery, place of delivery, etc.) and the defendant shall notify the delivery schedule in writing within three days after receipt of the order form and observe the due date. (2) Where the defendant is unable to comply with the delivery quantity and delivery date due to unavoidable reasons, the specific quantity and the scheduled date of delivery shall be notified in writing to the plaintiff in advance.

§ 6.

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