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(영문) 수원지방법원안산지원 2016.01.21 2014가합1291

손해배상(기)

Text

1. On December 1, 2013, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 208,244,740 and KRW 122,592,580 among them.

Reasons

1. Basic facts

A. The Plaintiff is operating the business of manufacturing and selling the electronic horizontal surface treatment device, and the Defendant is operating the polar-rating business.

B. On April 26, 201, 201, the Defendant entered into a monopoly trading contract with respect to the supply of typumumumuma products (hereinafter “instant exclusive trading contract”) to eck to the eck’s eculp electric surface treatment equipment (gold equipment; hereinafter “the instant gold metal equipment”) using the eculp eccal surface treatment equipment (hereinafter “instant gold metal equipment”). The main contents of the contract are as follows.

Goods Supply Contract

1. In order to develop the business and increase the profit between the case (hereinafter “A”) and the defendant (hereinafter “B”), a contract shall be concluded as follows:

2. The goods intended to be traded by both parties are the exclusive transaction agreements on the supply and sale of PCB-disused Corning (hereinafter “products”).

3. The role of Party A is to sell Party B’s products with exclusive sales rights for domestic PCB.

In addition, it is possible to sell to the plaintiff, who is the related director of Gap.

4. B's role shall be made in good faith and supplied to Gap.

5. Prohibition of the Overseas Sales of Eul shall not sell to third parties the above products except for their overseas sales to Gap or the plaintiff.

Where there is a request from a customer company of A for sale, he/she shall immediately notify A of the details thereof in writing or by e-mail, and make an estimate subsequent to the decision of consultation with A.

6. A’s prohibition of the application of other transmissions by Party A shall suspend all self-productions with respect to PCB gold-making equipment, and shall not apply to other transmissions, as well as to other transmissions, nor shall they be manufactured by Company A and Related Parties.

Provided, That a fatal defect is the product supplied by Section B.