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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. Plaintiff 1) around June 15, 2015, the Plaintiff entered into a sales agency contract with the Defendant and the Defendant for the products supplied to the Plaintiff (hereinafter “instant contract”).
(2) On August 29, 2016, the Plaintiff concluded the registration of creation of a mortgage on the instant real estate owned by C, the Plaintiff’s wife, as a security for the instant contract, with the obligee and the maximum debt amount of KRW 30 million.
3) In violation of Article 3 (Granting of Sales Area and Sales Right) of the instant contract, the Defendant supplied products directly to D and E, which are customers of the Plaintiff, and thereby, the Plaintiff suffered damages of KRW 10 million. 4) If the Plaintiff returned the products of KRW 10 million to the Defendant due to the Defendant’s breach of the contract, the goods price to be paid to the Plaintiff does not remain. Thus, the registration of the establishment of a mortgage over the instant real estate should be cancelled.
B. Defendant 1) In order to prevent the loss of a trader due to the quality of the medical product supplied by the Plaintiff’s contact, the Defendant supplied the medical product directly to D and E by agreement with the Plaintiff and D, and E. (2) The medical product supplied by the Plaintiff is an surgery and mast, and it is a specific order-produced product, and there is no need to return it, and there is no need to return it, and there is no fact that the Plaintiff received a request for return from the Plaintiff.
2. Determination
A. There is no evidence to prove that the Defendant violated Article 3 of the instant contract and thereby incurred losses to the Plaintiff.
(A) The plaintiff did not appear on the date of pleading of this case more than twice, and submitted the evidence. (b)
There is no evidence to acknowledge the fact that the Plaintiff’s product alleged to be the subject of return constitutes the grounds for return stipulated in Article 10 of the instant contract (in the case of damage, damage, damage, and damage to the product).