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(영문) 수원지방법원 2017.06.23 2016가합2928

손해배상(기)

Text

1. The Defendant shall pay KRW 360,720,00 to the Plaintiff at the rate of KRW 15% per annum from July 15, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On February 1, 2013, the Plaintiff: (a) supplied a company producing golf loans; (b) supplied the Defendant with C produced by the Plaintiff (hereinafter “instant products”); and (c) granted the exclusive right to sell in Korea exclusively; and (d) concluded a sales contract with the Defendant with the following content.

(hereinafter “instant contract”). The purpose of the instant contract under Article 1 of the General Sales Contract (hereinafter “A”) is to supply and sell C to B and to contribute to common prosperity and development by faithfully observing this contract by mutual trust in selling it to the consumers. The purpose of this contract is to: (a) supply and sell C to B; and (b) sell it to B, and (c) faithfully comply with this contract.

Section 4. B’s obligations under this Agreement during the term of the contract:

1. It shall make best efforts to sell products by building up a business network to expand the sales of products;

2.B shall engage in active marketing through TV advertising, newspapers, magazines, etc. to promote products.

3. No parts of products shall be self-produced without the consent of Party A.

4. Eul shall produce and supply to Gap the web-site, video, and various printed materials related to products, which are delivered by Gap, and shall be produced in D.

5.On-line sales authority is to sell only on the us website.

6. Ownership of the website shall be for A, and product-related management shall be conducted by A and shall be conducted by B, and the overall operating rights shall be managed by B.

Article 6 Minimum Number of Orders and Unit Price

1. The minimum amount of orders for products shall be at least 900 per quarter (at least 300 per month);

2. The unit price for the supply of a product shall be 10,000 won per day (120,000 n.e.

Article 13 Contract Terms

1. This Agreement shall remain in force for a period of two years from the date on which both parties affix their seals, and both parties shall automatically renew this Agreement for one year unless they have expressed in writing their intention to terminate the contract before the expiration.

Article 14. Termination of Contracts