제품인도 등 청구의 소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. On March 27, 2014, the Plaintiff entered into a national total sales contract (hereinafter “instant contract”) with the Defendant with the content that the Plaintiff would be granted the right to exclusively sell the instant product from the Defendant to all regions in the Republic of Korea (hereinafter “instant product”).
B. Of the instant contracts, the content pertaining to the instant case is as follows.
Article 4 (Terms of Contracts)
1. Upon entering into the sales contract, “B” (which refers to the Plaintiff; hereinafter the same shall apply) is to purchase 100 SET in the early limit of 100.
2. “B” has the effect of a contract, and has all powers as a total board, by paying the contract deposit of KRW 200,000,000 (excluding VAT) to “A” (the defendant; hereinafter the same shall apply) at the same time as the signature and seal of the contract in order to guarantee the observance and fulfillment of the provisions of this contract.
3. “B” should pay 150,000,000 won in addition to “A” at the time of sale (after permission for manufacture items) at which the remainder of 100,000 SET may be paid in addition to “A”.
4. From six months after securing the early limit of water supply, “B” is based on the division of 500 SET annually into four months, and if “B” is given prior notice, “B” will actively consider the situation of “B” and adjust the number of months ordered.
Article 6 (Supply and Return of Goods)
3. In principle, “B” shall be subject to a defect inspection at the factory of “A”, but in extenuating circumstances, a defect inspection may be conducted in the presence of “A” and “B” at the place of delivery designated by “B”, and where the defect of the product is recognized, in principle, the exchange shall be conducted immediately.
Article 7 (Responsibility or Obligations and Powers) 1-1. “A” is a minimum of 10 months, even if “B” acquired the KGP, manufactured products, and manufacturing business and acquired them within October 2014 so that “B” may begin sales.