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(영문) 서울중앙지방법원 2019.05.10 2018나37375

손해배상(기)

Text

1. The plaintiff's appeal and the plaintiff's claim that changed in exchange between this court are all dismissed.

2...

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is branding business, advertising agency business, communications sales business, electronic commerce transaction business, etc., and the Defendant is a company that manufactures and sells household goods and beauty art products.

(A) On December 30, 2016, the Defendant changed its trade name from “Co., Ltd.” to “D Co., Ltd.” (B).

On December 10, 2014, the Plaintiff entered into a sales contract with the Defendant with the following terms (hereinafter “instant sales contract”).

Article 1 The purpose of this Agreement is to ensure the stable expansion of market infrastructure and the mutual benefits under the basis of mutual aid in order to promote common prosperity by allowing "B" (Plaintiffs) to sell goods prescribed in Article 3.

Article 3 Supply Products means Products jointly developed by “A” and “B”.

In addition, for similar products developed by "A" in the future, "A" shall grant "B" preferential bargaining authority to "B" and promote mutual benefits of both companies.

Article 8 Development (1) In principle, “A” shall be jointly developed in consultation with “B”.

(2) “A” shall be responsible for and supervise the development and production of a new product.

The data necessary for the domestic and overseas certification and sale of new products shall be provided to "B" at the expense of "A".

3. “B” shall bear the full amount of the cost of timbering, golding, and design entering the development of a new product, and the intellectual property right to the product in question shall be owned by “B”.

Detailed expenses and methods entered into the development of new products shall be kept under separate annexed agreements with "A" and "B".

(4) The composition of a product shall be conducted through negotiations between both parties, and the cost of which is jointly owned by "A" and "B".

(c) product prices and components of Article 9 (1): The type of delivery for products developed and produced by “A”;