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(영문) 인천지방법원 2017.11.02 2017가단204383
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 a digital company with the aim of the goods comprehensive trading company, and the Defendant is a trade consulting company, overseas logistics agency, etc.

B. On May 10, 2015, the Plaintiff’s representative C entered into a service franchise service contract (hereinafter “instant prior contract”) with the Defendant (hereinafter “instant prior contract”), and thereafter, the Plaintiff succeeded to the said contractual rights and obligations.

C At the time of entering into the instant prior contract, C paid KRW 33 million (including value-added tax of KRW 3 million) to the Defendant.

Article 1 [Purpose] The purpose of this Agreement is to prescribe the roles, rights, duties, etc. of both companies and to promote mutual benefits in entrusting part of the authority to conduct business activities (including authority to conduct purchase activities in Korea and abroad relating to overseas markets) to the defendant with respect to the business conducted in the deferred account and overseas online market.

Article 3 [Definitions]

1. Non-business start-up franchises: All services related to business start-up fostering managed under the defendant's responsibility so that the plaintiff can grow up normally in overseas online markets during the term of this contract;

4. The term "amount of sales" means the accumulated sales during the contract period through overseas electronic commerce in the name of the plaintiff;

The standards for sales shall be based on the Framework Act on National Taxes and Value-Added Tax Act.

5. Net profit: 10% of the turnover.

Article 4 [Contents of and Objectives for Non-Plapsy Services]

1. Sales amounting to KRW 200,000: The defendant, upon delegation by the plaintiff, can make cumulative sales through overseas markets to be sold at KRW 200,000 within the contract period from the contract commencement date to the contract commencement date, and on the condition that it may be changed through mutual consultation with the plaintiff.

2. Net profit amounting to KRW 20 million: The defendant shall, upon delegation by the plaintiff, contract the accumulated net profit through the overseas market under the name of the plaintiff's enterpriser from the date of commencement of the contract.

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