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(영문) 대전지방법원천안지원 2013.02.05 2011가합5182

채무부존재확인

Text

1. The plaintiff A's lawsuit shall be dismissed.

2. On April 28, 2010, between Plaintiff Nana Co., Ltd and Jeju Co., Ltd.

Reasons

1. Basic facts

A. On May 207, the Plaintiff Onnuri Co., Ltd. (hereinafter “Plaintiff Onnuri”) entered into a contract with the Jeju milk Co., Ltd. (hereinafter “ Jeju milk”), which is engaged in the manufacturing of processed milk products, to be supplied with the products, and was supplied with the products from Jeju milk.

B. On December 17, 2009, the defendant, who is the major shareholder of Onnuri and Jeju U.S., entered into an agreement for production and sales for strategic alliance (hereinafter “collaboration agreement”) in order to promote mutual interests through specialization of the respective business sector. The main contents are as follows.

- - Future -

1. The objective of this Arrangement is to clarify the rights and obligations of both parties by combining strategic alliances through specialization of the area of business between the plaintiff Nana and the defendant, and to promote mutual benefits through continuous operation of the business.

In particular, this Agreement is based on the collection and processing of milk products, and it is the Daejeon Agenda that focuses on the distribution of milk products and concentrate on the sale of greenhouse gas.

2. The Plaintiff Ghana and the Defendant both set up the goal of production and sales shall set the permissible size of production and supply of Jeju milk within 2010 not less than six tons of organic milk, and not less than ten tons of ordinary milk products, and the Defendant shall actively implement all measures for securing the production basis and selling and distributing the Plaintiff or the Plaintiff.

3. Matters concerning the defendant's performance;

D. At an appropriate time when the implementation, etc. of the terms of this Agreement in the country where the Plaintiff had done is satisfied, the Defendant will transfer all of the distribution business of dairy products operated by the existing Defendant to the Plaintiff Ba and concentrate on production and processing.

4. Matters regarding the implementation of the Plaintiff’s country.

A. The Defendant, who was the Plaintiff, is fully responsible for the production of organic milk produced by the Plaintiff under paragraph 2(1).