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(영문) 서울중앙지방법원 2018.10.18 2016가합564695

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On December 30, 1994, the Plaintiff was established in the form of a joint venture company between the Defendant and Nonparty 1 and the People’s Republic of China, and is engaged in the business of producing and selling TV in China. The Defendant is a company with the aim of manufacturing and selling electronic machinery, apparatus, and telecommunications machinery, equipment, etc., and the Defendant currently holds the Plaintiff’s shares of 56.34% of the Plaintiff’s shares issued.

B. On January 1, 200, the Plaintiff entered into a sales agency contract with the Defendant as follows (hereinafter “instant contract”). From 2000 to 2012, the Plaintiff paid USD 145,04,546.45 in total to the Defendant as shown in the attached Table 1 as sales agency fee.

The Defendant of the Sales Agency Contract (hereinafter referred to as “A”) and the Plaintiff (hereinafter referred to as “B”) enter into a contract with Buyer for the exploitation of “A” on the basis of the mutual trust and good faith principle and the spirit of common prosperity, and enter into an agreement to comply with the terms and conditions as follows with respect to the service fee incurred by Party A’s overseas branch offices to Party B, via Party B’s overseas branch offices, on the basis of the mutual trust and good faith principle and common prosperity spirit.

-The following-(Contract Goods) will be provided to Buyer who has developed at the expense of B, using the facilities of B, and produced parts and technology K-Hows TV from B, and provided to Buyer designated by B (or (or foreign branch) by means of the facilities of B, and Eul will pay to B the Common Commission arising from the overseas branch offices of B.

Article 3 (Calculation of Costs)

1. The content of the calculation of Gap's overseas branch fees to be paid to Eul is as follows:

3.14% of the sales amount supplied to Buyer through the overseas branch office of Party A

(b)if other expenses are added, it shall be settled annually through mutual consultation.

2. Where the standards for calculating future expenses are changed, it may be adjusted through mutual consultation.

Article 7 (Payment of Expenses)

1. Eul shall bear the costs calculated under Article 3 to Gap.