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(영문) 서울중앙지방법원 2018.05.30 2017가단5017415

손해배상(기)

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On December 10, 2014, the Plaintiff entered into a sales contract with the Defendant for the purpose of producing and selling household products (hereinafter “instant sales contract”) as follows.

[The purpose of Article 1 of the Sales Contract] The purpose of this Agreement is to promote mutual benefits based on mutual aid in order to ensure the stable expansion of market infrastructure by allowing the defendant to sell goods prescribed in Article 3 to the plaintiff and to promote joint prosperity.

Article 3 Supply Products mean Products jointly developed with the Defendant and the Plaintiff.

In addition, the defendant will grant the plaintiff preferential bargaining power to the plaintiff, thereby promoting the mutual benefits of both companies.

Article 9. Product Price and 1. Supply Price: The Plaintiff shall share the cost of finished products in the form of shipment available for the products developed and produced by the Defendant, and the total price of which is 35% compared to the cost of production shall be determined by the supply price (excluding surtax) to the Plaintiff.

The production cost of finished products refers to material cost and qu 10% and 5% of the samples.

Article 10 (1) The settlement of payments shall be made by the plaintiff to the defendant.

(2) The initial order shall consist of 5,000 new products of the defendant.

Since then, the unit of order shall be consulted with each other, and the minimum quantity of the order shall be 5,000.

Article 13 Compensation for damages caused by defects and false or exaggerated advertisements ① The defendant shall bear all civil and criminal responsibilities for the problems caused by defects in the process of manufacturing and supplying the products supplied at the plaintiff’s request.

B. Under the instant sales contract, the original Defendant was to produce, supply, and sell C composed of marina cream and charging machines, etc., and the Plaintiff was the Defendant’s product.