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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
On November 30, 2011, the plaintiff entered into and renewed a contract with the defendant agency and a chain consignment contract and renewed each year.
However, the defendant applied for the termination of the above contract on March 17, 2017, and immediately distributed the original products he prepared to the existing customer store.
The defendant's act is that ① does not perform the obligation to take over the same kind of product during the contractual period (90 days) and ② violates the obligation to prohibit the handling of identical products under the contract.
As a result of the Defendant’s breach of contractual obligations, the Plaintiff suffered a decrease in sales of KRW 19.8 million per month in 2017, and a approximately KRW 30% of which is calculated as damages, the Plaintiff suffered a loss of KRW 6 million per month.
Therefore, the defendant is liable to compensate the plaintiff for the damages arising therefrom.
Judgment
However, the evidence submitted by the Plaintiff alone is difficult to view that the Defendant is obligated to assert the Plaintiff’s assertion ( even if there is a duty as alleged by the Plaintiff, there is no ground to interpret that the Defendant is obligated to assume contractual liability even after the expiration of the transfer period), and further, there is no evidence to acknowledge that the Defendant breached such duty.
Furthermore, there is no specific proof as to the damages incurred to the Plaintiff.
Therefore, the plaintiff's above assertion is without merit.
Thus, the plaintiff's claim of this case is dismissed as it is without merit.