beta
(영문) 인천지방법원 2018.11.02 2017가합1697

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 106,795.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On October 6, 2015, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter referred to as “instant contract”) with the purport that “the Plaintiff’s act of publicizing the said drugs to the Gu University Hospital and Ansan Hospital (hereinafter “Korea University Hospital and Ansan Hospital”) in consideration of the 10ml (Zinc-S; hereinafter “Zinc-S”), the 1,200ml (Luone, hereinafter “Luone”) supplied by the Plaintiff from C, etc., of the Korea University Hospital and Ansan Hospital (hereinafter “Korea University”).

Upon entering into the instant contract, the Plaintiff and the Defendant agree to conduct all the settlement of profits and sales agency fees incurred in the supply and sales of the product in accordance with the good faith and good faith principle.

Article 1 (Purpose) The plaintiff and the defendant are aimed at maximizeing mutual interests by clarifying their obligations and rights with respect to the supply, sale and settlement of Es. S. and S.S.

§ 2. (Roles and Duties of Each Company)

1. The plaintiff transfers only to the defendant the right to promote the product.

Article 3 (Contract Terms)

1. The validity of the instant contract shall be two years after the conclusion of the contract.

2. The contract shall be automatically extended by one year, unless a notice of the termination of the contract is given three months prior to the expiration of the contract.

Article 4 (Supply Price and Payment)

1. The Plaintiff shall settle the fees of KRW 15,200 per 1.6 f.m. (vi) and KRW 25,00 per 1 f.m. (f.) per 10 f.m., per f., per 10 f.m. to the Defendant, in the absence of any error after the issuance of the tax invoice for vicarious sales on the 10th day of the following month

The criteria for the settlement amount.