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(영문) 광주지방법원 2019.09.26 2019나52149
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

The plaintiff is a corporation aimed at the signboard and advertisement manufacturing business, etc., and the defendant is a person who sells a signboard, a width, etc. in the trade name of "C".

On February 24, 2014, the Plaintiff entered into a sales contract with the Defendant (hereinafter “instant agency contract”) and its main contents are as follows.

Article 1 (Contract Products) of the Agency Sales Contract (Contract Products) The products subject to this Agreement are clearly limited to other products agreed upon after the Company (Plaintiff) and the seller (Defendant) (hereinafter “instant contract products”).

Section 3 (Grant) The Company shall grant the exclusive right to purchase the contract products during the term of this Agreement and resell them within the area of the contract (Seoul Metropolitan City).

except that the terms and conditions set forth in this Agreement shall apply.

Article 5 (Monopoly Nature)

1. The Company shall not directly sell contract items to the parties other than the contract area sales store.

If a company receives an order from a third party within the contract area, the company shall notify it to the sales store.

2.The store shall sell the contractual products only within the territory of the contract and shall not directly or indirectly sell the contractual products outside the contract area.

The sales store shall notify the company of all orders, inquiries, and other related matters received by the sales store outside the contract area.

VI.(Prohibition of Competitive Business)In consideration of the exclusive rights conferred under this Agreement, sales stores may not deal with any product similar or competitive to the contract product without selling it.

Article 16 (Term of Contract)

1. The initial period of this Agreement shall be two years from the date of entry into force of this Agreement, and shall be renewed for the following two years, unless it is terminated at the time the initial period or renewal period is terminated by a written notice by either Party 15 days prior to the date of entry into force of this Agreement.

Article 17 (Termination or Rescission)

1. If a Party violates this Agreement, 30 days after the other Party has paid a written notice of its violation.

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