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(영문) 서울서부지방법원 2017.01.13 2016가단209835

매매대금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant A Co., Ltd. (hereinafter “Defendant A”) completed the registration of incorporation on December 10, 2001 for the purpose of the production, manufacturing, etc. of biological diagnosis equipment, and Defendant B was appointed as the representative director on April 10, 2002 and is in charge of the representative so far.

B. On December 26, 2013, the Plaintiff entered into an agency contract with Defendant A for the transaction of the Environmental Monitoring Products (hereinafter “instant contract”) and paid KRW 50 million as security under the instant contract on January 8, 2014.

C. On February 24, 2014, the Plaintiff and Defendant A (hereinafter “A”) drafted an agency contract modification agreement (hereinafter “instant modification agreement”) with the content that partial modification of the instant contract is made, such as Defendant A, and the following (hereinafter “B” refers to the Plaintiff).

Article 3 (Business Cooperation) (2) after the amendment (the instant amendment agreement) (2) of the amendment (the instant amendment agreement) shall be submitted to A regularly or occasionally, as necessary, in writing, depending on the need to protect business activities, and when operating conflict with other agencies, special agreement stores, etc. due to the omission of reporting the progress, etc., the distribution of profits according to the degree of contribution shall be determined by the head office

Section 3 (Business Cooperation) (2) A shall submit to A, on a regular or occasional basis, the progress of its business activities, as required, in writing, and shall have the authority to sell Party A’s products and to sell their products as shown in Appendix 2 of the original contract to be supplied within the sales area indicated in Appendix 1 of the original contract, as well as in Appendix 1 of the original contract.

(2) Article 4 (Sales Activities) (2) The sales activities shall be conducted in the sales area, etc. after consultation with Gap, and the sales area of Eul may be adjusted by consultation with Eul according to the sales performance of Eul, etc.

Article 4 (Sales Activities) (2)