The Kang Jin Young Chinese agent lawsuit will not become the orphaned document, by the overseas brand stockholder's rights change, the brand straight camp tendency, the proxy dispute which as well as the profession concentration degree's further promotion will create will still continue.
Swarms the thousands domestic business agent who speaking of the market chaos time appears, at present to has pondered own future time.
Has not terminated the contract! SKN is announces unilaterally terminates, until now, we insisted that this contract is effective, has been continuing. Shenzhen may send industry Limited company president Zhao Yunhu to enhance the voice in telephone one to stress emphatically 0.1 already started in view of the South Korean high-level female attire brand Kang Jin Young contest.
Honeymoon
Shenzhen may send the industry Limited company is may send one of Family firm's Branch offices, founded in August, 1983. But from 2003, may send high-level to take the brand more and more operation and the construction, started to act some international brands. Sends the family with the aid of Yu Ke at the other profession successful experience, might send once successively to succeed operation Barbara Bui, Class Roberto Cavalli, Alessandro Dell'acqua, Malloni, Tara Jarmon, Exception (Chinese designer brand) and so on high-quality fashionable clothing brand. And once in July, 2007, at the first China outstanding clothing business agent congress, had won the outstanding business agent prize.
Kang Jin Young the brand combined Jiang Zhenyong by South Korean designer husbands and wives (Kang Jin Young) and Yin Han Ji (Yoon Han Hee) establishes in 1993. From South Korean authority fashionable magazine "Fashionbiz" the report, by its organization's The Best of The Best in the Brands market survey result, Kang Jin Young obtains the South Korean leisure and the individuality female attire many times places first.
At first contacts Kang Jin the Young brand, reason Yu Ke sends another South Korean brand which the company at that time acted. Inspects this brand when South Korea, Zhao Yunhu noted Kang Jin Young.
At that time we have acted another South Korean brand besti belli, saw in South Korea OBZEE, namely Kang Jin Young, the price has been very high, is very strange this brand the product such to be why expensive, afterward the process understood that thought this brand is truly good.
Therefore, Zhao Yunhu discussed the proxy matters concerned with at that time Kang Jin Young owner OBZEE Corporation. However, were at that time many in the human who domestic makes the South Korean brand does not dare to bump it, thought that its price is too high, consumer acceptance.
The majority of people do not favor us to make this sign, but we have the confidence to the operation brand's ability. Our company compares excels to make the high-end, the expensive brand, our service may form a complete set with it. We are not rely on the brand popularity the organization, on the contrary, can cause the brand through ours transport business to have the added value. Zhao Yunhu said that may send the company to excel at some small numerous high-end brand specially the market development, particularly Chinese market.
After will be near one year contact, on July 1, 2005, may send the company to become Kang Jin officially the Young brand in China's chief business agent.
Zhao Yunhu said that just likes two people the loves is the same, starts when is gives the best demonstration at the same time opposite party. When discusses the power of attorney with OBZEE Corporation, Zhao Yunhu at that time felt they have the sincerity, moreover OBZEE Corporation then did not look like the SKN Corporation's person that strong trend, their pressure of competition was quite big in South Korea, needed to seek for the opportunity which in the Chinese market broke through, therefore at that time very eagerly cooperated with us, the initial two year cooperations were also quite smooth. As the domestic apex's brand operator, might send the company through its creative creativity business model operation, the success to enable South Korean female attire brand Kang Jin Young to become China's fashionable renowned young woman, the top star, social Pyramid state-of-art crowds and so on public celebrities has pursued holds the fondness international level famous female attire.
May send to think Kang Jin Young in may send under the operation, has surmounted it by far in the Chinese status in South Korea, becomes the Eastern high-level female attire to represent .KANG JIN YOUNG in China's market size, the market performance as well as the market competitiveness, also has crushed in South Korean performance strong trend TIME. on the other hand, in relatively high price, in same level market environment, Kang Jin Young Shan Dian sales result continuously in above South Korean SK management other brands. Finally, regarding Kang Jin Young, in may send under leading the Chinese operation, its shop front space and the shop front image have also surpassed South Korea's space and the image.
At first in more than two year time which cooperates, may send to cause Kang Jin the Young brand at the Shanghai long light, Beijing new light world, north national capital trade commercial city, Hangzhou building, after Hangzhou Liankafu (, market went out of business) and so on markets to start out several exclusive agencies.
in April, 2006,kids toys, the first shop starts doing business when the Shanghai long light, the South Korean also does not have the too many coordinate measures, only provided the little publicity material to give us, other work were may send to do. Overall speaking, they are not willing to pay are too many, this point at that time already manifested. They thought that since you are responsible for the brand in China's operation, you must do. However, this process truly has also exercised our ability. Zhao Yunhu said.
Five years ago sign in the contract, the South Korean requests to be possible to send to open the foot 50 shops in five years. Zhao then Yun the tiger did not think that this digit is harsh.
We thought that we have this ability to achieve this quantity to be even more, at that time we thought that 50 quantities are completely reasonable. When initial negotiations, may send to propose that the direct bamboo slip 15 year agency agreement, is compressed repeatedly finally by South Korean Corporation, afterward compressed to 8 years (5 year indemnificatory agreement adds 3 years to have premise extension agreement). In the contract, the South Korean aspect to the shop selected location, the area and so on has not made any limit, was only said that brand business must have the opening a shop confirmation power.
Change in situation
Two year happy time past, might send the company and the South Korean aspect cooperation presents the question - - South Korean to delay gradually opens a shop the plan.
Most starts, because OBZEE Corporation is not familiar to the Chinese market, made the decision-making to do too slowly, delays imperceptibly have been many we to open a shop the plan, opened a shop the decision-making basically must delay two to three months. Zhao Yunhu said.
Zhao Yunhu believed that if is at first because to the Chinese market did not understand that causes to open a shop the policy-making dragging, afterward dragging had the premeditated sign.
Because after agency agreement sign, less than two-and-a-half year time, OBZEE Corporation started to sell this brand, started to discuss the purchase with SKN the matter. At that time we did not know. The purchase is not 1-2 days discusses, definitely passes through the long negotiation process, I estimated that they already had in the negotiation process to this brand in future development scale have planned, therefore evolves the complete rejection slowly.
In the Shanghai new world, Zhao Yunhu discussed more than 300 square meter store fronts. The quite good position, we prepare to open the flagship shop, but they have not approved, has delayed, after but when our plan malingers finally, they will serve under somebody's banner another brand has opened, this shop also less than 100 square meters. Zhao Yunhu said that afterward, discussed originally more than 300 square meters positions have been taken by Rolex down. You said that Rolex may go, why Kang Jin can't Young go in? They do not have the reason, has delayed.
in March, 2008, South Korean SK Group Subordinate Enterprise SKN purchases OBZEE officially, and plenary powers has received Kang Jin the Young brand.
Hears the purchase the news, we also thought that present's cooperation definitely will have the change, we have also sent out the statement to SKN, stated our right, they also sent the human to make the pledge to say could continue to cooperate, but was only the oral pledge. Zhao Yunhu said.
After the purchase soon, SKN takes back Kang Jin Young on several explicit expressions is a SK global strategy part, the request signs the contract, but encounters Zhao Yunhu to reject. Zhao Yunhu believed that in the new contract has not might send the regard partner, but is the upper and lower layer incites the relations, even has may momentarily terminate contract such similar provision. We do not have the rights and interests safeguard.
Hereafter, may send the company to open a shop the application repeatedly by the South Korean SKN rejection.
in 2008, may send the company to apply to open a shop in Macao Venice person market, after obtaining the OBZEE authorization, may send to the market to pay a deposit 280,000 Yuan, at that time just when SKN just merger and acquisition OBZEE.
Afterward under the SKN leadership, opposite party take verifies may load repairs the plan as by to delay for three months, causes the market to request us to compensate three month detentions to open a shop the expense,knit baby socks, amounts to the near Renminbi 800,000 Yuan. Constructs the shop not fruit finally. Our earlier period investment's 280,000 Yuan earnest moneys and all related expense total loss, simultaneously faces Macao Venice person's compensation lawsuit. Zhao Yunhu recalled said.
Similarly is in 2008, Zhao Yunhu attains a shop in the Shanghai Meilong Town square. At that time they said that your two building this shop opens the mouth not well, the facade is not too good. Therefore we with market consultation. Afterward, we subscribed a bigger position, saw this facade in market Lou Jiuneng, a quite good position, we discussed that afterward the South Korean aspect also confirmed that but has only separated for a half month,girls clothes, they also denied immediately. The second year, SKN arrives at theirs another brand O'2nd this family market three buildings.
This sign (O'2nd) opens a shop the situation to follow our path to walk. Which market have we related, they with are relating, sometimes ours application rejection, they opens. Zhao Yunhu said.
In fact, South Korea SKN purchases OBZEE officially after March, 2008, may send to open a shop quantity obviously to drop. Because after the brand purchases, may send the company again not to obtain the brand authorization, five year past, might send not to have 50 main house gate shops which in the implementation program requested, but has only opened 17, in this 17 two, because other reasons are torn down, what was left over was 15 main house gate shops.
Without the brand authorization, how do you call me to open a shop? Opens a shop in any market, on some very important prerequisite, was must have brand business authorized .SKN to purchase this brand, should give me to be authorized, but they did not have. This was not considered as that what intentionally makes things hard for somebody calculates? You request me to open a shop, is actually not authorized for me lets me have the right to open a shop. Zhao Yunhu believed that in altogether 43 are rejected in the shop, majority is SKN rejects deliberately.
But except refuses to open a shop, after SKN takes over Kang Jin the Young brand, but also refuses to accept may send company's returned goods, does not provide any publicity material.
Negotiation
In order to carry out the SK group global strategy, takes back Kang Jin Young, South Korean SKN proposed unilaterally terminates the contract in July 1, 2010. Afterward, might send the company and SKN starts the painful negotiation process .SKN aspect also to change, a while said that must discuss with us, a while also said that must terminate the contract. Zhao Yunhu said.
On May 20, South Korean SKN sends the letter to be possible to send the company, requests the agency agreement to expire on July 1.
On June 5, Zhao Yunhu replies this letters to express that firm does not give accepts this opinion. At the same time, may send to request the South Korean to continue to carry out the latter three years contract, realizes the brand in Chinese market win-win, since and has corrected the cooperation the South Korean hindrance contract execution malicious act, the correction past approaches to cooperation, improves the cooperation quality.
On June 20, Zhao Yunhu sends a letter to South Korean SK group president Cui Taiyuan, stated to him SKN tears the contract using the hindrance contract execution the situation, hoped that the group can investigate and intervene its SKN with the cooperation which may send, and reiterated may send company's standpoint. However, Cui Taiyuan had not given Zhao Yunhu any reply.
At the end of June, may send the company to file the charge in Shenzhen Intermediate people's court to South Korean SKN.
On June 30, may send the company at Beijing convention press conference, elaborated own bitter experience to more than 100 media reporters. At the press conference, may send president Zhao Yunhu to have a heavy heart, every single word or phrase is complaining South Korean SKN the obstruct wilfully contract implementation take to achieve tears the contract as the goal improper behavior.
However, till the report finalized the article, regardless of being the South Korean SK group, its subordinate SKN enterprise, with has not been possible to send the company to carry on the direct dialog. Reporter sends the interview mail for the SKN enterprise not to obtain the reply.
They do not have any reply, even the company stated that has not issued us, directly released the statement on-line. We cannot understand this company, is known as is the world 500 strong enterprises, does is actually hooligan's matter. Before press conference, we already gave them to notify have not gotten down at least 10 times, we are in the situation which is driven beyond the limits of forbearance only then start to file the charge and to carry on the issue. Zhao Yunhu said SKN stated that is on July 7, presents that one in the domestic minority website.
Issued most early what this SK Networks(SKN) solemn declaration is the TOM net, but the website editor is unable to contact. Reporter related had issued early this statement financial circles website editor Li Hui, she said SKN Chinese statement was gives her by the commercial management through the QQ repeater, but its leadership was coming this statement from some Public relation firm, but as a result of the computer floppy disk just by the formatting, had not been able to provide this statement original part.
In the SKN Corporation's statement, SKN requests Shenzhen to be possible to send the industry Limited company to stop immediately to SKN attack for no reason, thought that its irresponsible opinion constituted the reputation violation, when necessary SKN will guard own legitimate rights and interests using the legal instrument.
The statement pointed out that any commercial cooperation must take the contract as a foundation. May send the company not to be able to honor an agreement in first. The statement believed that may send the opening a shop quantity not to meet the requirements, has achieved every year only the sales volume goal approximately 1/5 to 1/3, therefore, takes a business agent, may send the achievement displays the far not achieve object, already constituted significantly has not fulfilled the contract behavior. In this case, SKN after carrying out five year contract, stopped hereafter three year contract extension.
Zhao Yunhu also saw this statement. May send to SKN attack which for no reason said regarding SKN, Zhao Yunhu to deny. We express all are the facts. At the release conference, we do not have any subjective commentary. We said each character, each data, each standpoint and the position, have the related writing basis and other fact proof come the evidence.
But proposes regarding SKN in the statement may send the achievement not to attain a designated standard stated that Zhao Yunhu also thought SKN justifies oneself with difficulty.
The standards very has not been normal. You request me to open the foot 50 shops, I request authorization 60, you only allow me to open 17. But our each Shan Dian average sales result is conforms to the contract provision, the single shop average achievement surpasses the contract requirement at least 20%, the most high energy achieves above 100%. Our Shan Dian the sales result goes far beyond the contract requirement, but wants our 15 shops to complete 50 shops the sales volumes, that is impossible.
The question returned to SKN to refuse to open a shop. He said that he refused 43 shops to have the reason, but the contract had not stipulated these reason .LV,GUCCI entered and was stationed in the market you could not enter? Our these the shop which rejects, the overwhelming majority are being had the international brand market, the Meilong Town square, Henglong, but also has home other comparisons to have the component market, is rejected by him. If his rejection is reasonable, why has opened own another brand?
It is known that shop still normally was operating at present in China's 15 Kang Jin the Young. Although the South Korean aspect indicated that must terminate the contract, but has not taken over Kang Jin the Young brand in China's shop.
He does not dare to take over, he does not have the right. First, this team is we in the management; Second, he has not paid any price, why does he take over? Third, this shop's entire repair image is we designs, but is not his. We have the shop image property rights. Zhao Yunhu indicated that according to the matter following progress, will request SKN to continue to guarantee these shops the goods supply, will simultaneously request them to continue to fulfill the contract.
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