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(영문) 서울중앙지방법원 2018.07.25 2017가합543398
약정금
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 company established in accordance with the New York State Act and whose head office is located in the New York State, engaged in the business of manufacturing, selling, etc. packing materials or clothing products (e.g., packing materials, brand-to-be labels, etc.).

The defendant is a company established in accordance with the law of the Republic of Korea and has its head office in Seoul, and is established for the purpose of export and import of clothing and subsidiary materials.

The Defendant initially used the trade name “C”, but, the following.

After the termination agreement of the claim, on February 22, 2017, the trade name was changed to “stock company B”.

B. On January 22, 2013, the Plaintiff entered into a transfer agreement (Agency A; hereinafter “instant transfer agreement”) between the Defendant and the Defendant with the content that the Defendant, as an agent of the Plaintiff, vicariously executes the sales of the Plaintiff’s products and pays a certain ratio of profits to the Plaintiff with the fees.

The Plaintiff and the Defendant maintained the relationship according to the above virtual exhibition contract until the beginning of 2017.

C. On January 22, 2017, the Plaintiff entered into an agreement on the termination of the instant contract with the Defendant with respect to the virtual exhibition (hereinafter “instant termination agreement”).

The main contents of the termination agreement prepared by the termination agreement of this case (hereinafter “the termination agreement of this case”) are as follows.

Article 1(1) The parties to a dispute shall terminate the Agency agreement on February 17, 2017 (hereinafter referred to as "effective date").

(2) The rights and obligations of the parties following the termination of the Agency agreement shall be in accordance with the provisions of this Agreement.

(1) Article 2(1) C shall complete the final order of products under the Agency A agreement by January 26, 2017.

(2) C shall, until the entry into force, complete the shipment, delivery, and sale of the product under the final order under paragraph (1).

(3) C is subject to the agreement to A by the effective date (if a separate deadline is designated, the corresponding date).

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