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(영문) 대전고등법원 2015.04.17 2013나1523

손해배상(기)

Text

1. The trial includes the claim of the plaintiff (Counterclaim defendant) and the claim of the plaintiff's succeeding intervenor.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 207, the Plaintiff and the Plaintiff entered into a contract with Jeju milk Co., Ltd. (hereinafter “ Jeju milk”), which provides that the Plaintiff would be supplied with milk products from Jeju milk, and received the supply of milk products from Jeju milk, around May 2007.

B. On December 17, 2009, the Plaintiff and the Defendant (major shareholders of Jeju Co., Ltd.) entered into a strategic partnership agreement for production and sales for strategic alliance (hereinafter “instant strategic partnership agreement”) with a view to promoting mutual interests through specialization of their respective business sectors. The main contents are as follows.

- Strategic Partnership Arrangement -

1. The objective of this Arrangement is to clarify the contractual relationship between the Plaintiff and the Defendant’s two parties by facilitating strategic alliances through specialization of the business sector, and to promote mutual benefits through continuous operation of the business.

In particular, this Agreement focuses on collecting and processing milk products, and the plaintiff is the Daejeon Agenda that focuses on distributing milk.

2. Within 2010, both the Plaintiff and the Defendant set up a production and sales target and set the production and supply target of Jeju milk at least six tons of organic milk and ten tons of general milk products, and the Defendant shall actively implement both of them to secure the production basis and to take all measures for distribution of the product.

3. Matters concerning the defendant's performance;

A. By June 30, 2010, the Defendant secured organic farming milk collection farms with a minimum of six tons per day at least six tons per day and supplied Jeju milk with the products of organic farming.

The defendant shall carry on the distribution business of relics operated by the existing defendant at an appropriate time when the plaintiff's implementation, etc. of this Agreement is satisfied.