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(영문) 서울중앙지방법원 2018.06.28 2018가단5029811
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. On July 25, 2017, the Plaintiff and the Defendant concluded an advertising agency contract under which the Plaintiff vicariously performed the Defendant’s online sales business, and the Defendant paid fees to the Plaintiff (hereinafter “instant contract”). The key contents of the instant contract are as follows.

A brand owner Defendant (hereinafter referred to as “owner”) and the Plaintiff of marketing partnership (hereinafter referred to as “partnership”) agree to enter into a comprehensive mutual cooperative relationship for the purpose of advertising business for products sold online by “owner” (hereinafter referred to as “services”), and enter into a contract as follows:

Article 1 [Purpose of the Contract] The purpose of this Agreement is to provide for the rights, obligations, and other necessary matters arising from the conclusion of the contract by the “owner” and “partnership”.

Article 2 [Subject Matter of Contract] (1) This Agreement refers to all products directly using the defendant trademark or sold by using the defendant's brand and official brand (https:/www.S.S.com/) as "subject matter".

Article 3 [Classification of Business Affairs] (1) The owner shall manage and operate all stores of "subject matter" and "subject matter".

(2) The term "partnership" shall act on behalf of the owner for the advertisement of "subject matter" sold by the owner.

Article 6 [Period of Contract] (1) This Agreement shall be set out as being converted into a long-term contract between August 1, 2017 to October 31, 2017, under which the basic contract period is to be one year (including three months Testing period) from August 1, 2017 to three months from October 31, 2017, to which the basic contract period is to be converted into a “owner” or “partnership” as if it does not interfere with the performance of related business affairs during the pertinent period, and after the mutual agreement between the two companies on July 31, 2018.

However, from August 1, 2017 to October 31, 2017, the contract is automatically terminated when the agreement between the “owner” and the “partnership” is not reached after the piloting for three months from August 1, 2017.

(2) The termination of this contract shall be desired.

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