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(영문) 서울중앙지방법원 2017.11.14 2016가합542107
물품대금등
Text

1. The plaintiff's main claim is dismissed.

2. The defendant is the plaintiff's store located in Seoul Special Metropolitan City B: 7.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the manufacture and sales of automobile different terms, and the Defendant entered into an agency contract with the Plaintiff on November 24, 2003 (hereinafter “instant agency contract”), and thereafter, operated the Korean agency in Seoul B store located in B (hereinafter “instant store”).

B. On July 9, 2010, the Plaintiff entered into an advertising contract with the Defendant (hereinafter “instant advertising contract”), and on the top of the instant store, “size: 7.6m (Ga) x 1.1m (Ga) x material: Mazex and phrases: Han K’s sign (hereinafter “instant sign”) to be used without compensation by the Defendant.

Article 1 (Contract A) of the agency contract (hereinafter referred to as “Plaintiff”) provides Party B (hereinafter referred to as “Defendant”) with typists produced or purchased and supplied by Party A (hereinafter referred to as “Defendant”).

Article 10 (Cooperation for Advertisement and Publicity)

1. He/she shall actively cooperate in the maintenance and management of Gap's advertisements, advertisements, signboards and structures installed in the jurisdiction of Eul;

2. A may request the alteration or alteration of the store structure, fixtures, signboards, etc. of B in order to perform the business affairs smoothly with B.

Article 12 (Termination of Contracts)

1.A may terminate this Agreement in any of the following cases:

1) Where Eul issued and delivered checks to Gap are subject to attachment, provisional attachment, provisional injunction, compulsory execution, auction disposition, or bankruptcy declaration from a third party;

2.A may terminate this contract after a prior peremptory notice in any of the following cases:

1) When the sales activities of Eul or their performance are very poor, or when the act detrimental to the rights or interests of Gap has been committed, Article 16 (In the event that the recovery of the good has resulted in the occurrence of any of the following causes, Gap may recover the remaining products of Eul upon mutual agreement and recover the recovered products:

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