손해배상(기)
1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's primary claim corresponding to the revoked part is revoked.
Facts of recognition
The Plaintiff was established on October 27, 201 for the purpose of wholesale and retail of drugs, and the Defendant was established on November 25, 200 for the purpose of manufacturing and selling drugs, etc.
The representative director of the plaintiff was appointed on October 27, 201 by C and was in charge on March 19, 201, and E is currently in-house directors after the establishment of the plaintiff.
C was appointed as the representative director of the Defendant on November 16, 2012, but resigned on December 28, 2016, and retired from the Defendant Company on August 31, 2017, and E was serving as the deputy head in the Defendant Company from December 1, 2012 to February 28, 2013.
The following terms and conditions were entered into between the original Defendant as of September 7, 2016 (hereinafter “instant sales contract”). Of the nominal owners of the said sales contract, “Defendant” is written by C as the representative director, and the Defendant’s employee seal is affixed next thereto:
Article 1 (Purpose of Contract) In order to determine basic matters concerning the products supplied to the plaintiff by the defendant (hereinafter referred to as "products") provided for in Article 3 of this Agreement, the plaintiff and the defendant shall enter into a commodity supply agreement and observe it in good faith as follows:
Article 2 (Basic Contract Provisions) (1) Except as otherwise expressly provided by individual contracts, this contract shall be commonly applicable to all contracts entered into between the plaintiff and the defendant during the term of validity of this contract.
(2) A transaction of products through the distribution of all the defendant's products (including products brought from another company) shall be conducted by the plaintiff.
Article 3 (Products) The products which are the subject matter of this Agreement are the products of the defendant which fall under any of the following subparagraphs:
1. Medicines and all products directly produced by the defendant;
2. Article 4 (Sale Rights and Areas) of the pharmaceutical products and other products brought by the Defendant from a third party shall be sold by the Plaintiff.