logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.04.16 2013가합81304
손해배상
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 Plaintiff is a corporation established on August 1, 2013 for the purpose of food distribution business, etc., and the Defendant is a person who entered into a national total sales contract with D (hereinafter “D”) with the trade name “C”.

B. On July 16, 2013, E entered into a domestic total sales and agency contract with G and D products, the representative of F.

(hereinafter “The primary contract”). The content of the primary contract was that G produced in H, I, J, K, and other D among D products, and that F grants E all the rights to sell online cards across the country with respect to the overall goods with the power to sell them. (c) After the primary contract, E established the Plaintiff. On September 24, 2013, the Plaintiff entered into a domestic total sales and agency contract for D products with the Defendant, the representative of “C” (hereinafter “the second contract”), and “the Plaintiff can only handle D products,” and the second contract was determined after the Defendant’s decision was made (Article 6(3)), and that the ex-factory of February 1, 2014 would have increased by KRW 30 million by starting on the first month (Article 6(4)).

On October 2, 2013, the Defendant sent to the Plaintiff a certificate of content that “The Plaintiff would maintain the contract only with two joint and several sureties among the Plaintiff’s inside directors L, audit E and representative director M, because the Plaintiff did not make a false statement about the conditions of the branch, did not have any promise to make a prior payment at the time of release of small amount of goods, and violated the relevant laws and regulations, such as making the brochures containing false contents and doing acts that may cause damage to C.” However, the Plaintiff refused the Defendant’s request for joint and several sureties and subsequently rescinded the second contract.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Assertion and determination

A. The Parties’ assertion.

arrow