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(영문) 서울중앙지방법원 2016.01.14 2015가단54897
손해배상(기)
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 an individual entrepreneur who runs the wholesale and retail business of cosmetics in the name of "C" in Gwangju City.

B. The Plaintiff purchased cosmetics from the Defendant from July 2010 to April 2013, 2013, supplied them again to z. Sson Co., Ltd., Esatson Co., Ltd., Esat and Esat, Esat Co., Ltd., Ltd., and installed a cosmetic display stand in each store, and displayed and sold Defendant cosmetics.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 to 3, the purport of the whole pleadings

2. Determination

A. The key point of the Plaintiff’s assertion was that the Plaintiff purchased the Defendant’s cosmetics for three years and displayed, advertised, and sold the Defendant’s cosmetics, and the Plaintiff’s personal guidance and sales volume increased.

The defendant unilaterally suspended the sale of cosmetics to the plaintiff and deprived of the cosmetics stores secured by the plaintiff's efforts from the plaintiff, and illegally occupied and used them, and sold cosmetics directly. This constitutes tort.

The defendant is obligated to pay KRW 100,000,000 to the plaintiff out of the damages suffered by the plaintiff due to the above tort by the defendant.

B. The evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant is liable for tort, and there is no other evidence to acknowledge this.

Rather, according to the evidence Nos. 1 and 2-1 and 2-2, the Plaintiff did not pay KRW 73,318,953 to the Defendant, even after deducting the value of goods returned to the Defendant on April 29, 2013. The Plaintiff agreed to transfer the Defendant’s brand (WOBUY) distribution and sales right and sales right, which is the Defendant’s brand around the end of April 2013. The Plaintiff filed against the Plaintiff for the instant case [Seoul Central District Court Decision 2013Da25239, 2014Na54112 (main claim), 2014Na625 (Counterclaim), Supreme Court Decision 2015Da32387 (main claim), and 2015Da32394 (Counterclaim)].

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