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(영문) 서울서부지방법원 2019.11.27 2019가단226961

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. The pertinent Plaintiff is a person who supplies galbane, galbane, etc. to a hospital, a massage store, online market, etc. with the trade name of “C” and the Defendant is a company that aims at manufacturing business, etc.

B. On May 22, 2017, the Plaintiff entered into the instant contract with the Defendant to enter into an OEM agreement with the Defendant on the plane wing container with a patent (hereinafter “instant contract”) whereby the Defendant would contain and supply strawing products according to the Plaintiff’s specifications. The main contents are as follows.

The plaintiff (hereinafter referred to as "A") and the defendant (hereinafter referred to as "B") enter into an OEM subcontract (hereinafter referred to as "contract") as follows with respect to the basic matters concerning the manufacture and supply of OEM (hereinafter referred to as "OEM") in accordance with the principle of mutual trust and good faith.

Article 6 (Designation of Smoking, etc.)

1. Eul shall manufacture and deliver to Gap the ordered goods in accordance with the quality, shape, size and other specifications of the order for Gap's ordered goods;

Article 13 (Supply of Goods)

1. Eul shall supply the ordered goods to the quantity determined by Gap in accordance with the supply procedures separately determined after consultation with Gap;

Article 19 (Intellectual Property Rights)

6. All ownerships, such as patents, utility model rights, utility model rights, and know-how (KNW-HW) samples, specifications, work instructions, specifications documents, etc. of products that have been developed by Eul for the purpose of subcontracting the OEM shall belong to Eul, and Gap and third parties shall not claim any rights other than this contract.

Article 20 (Prohibition of Manufacturing, Sale, Export, and Use of Products other than Orders)

1. Exclusions from the transfer, manufacture, sale, export, and gift of products (limited to products for galmpine, gympine, gympine, and gymological management) pursuant to the appearance of A, except where permission has been granted by orders or documents of B, and the sale, transfer, export and import of passing products and similar products.