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(영문) 수원지방법원 2017.05.23 2016가합70310

손해배상(기)

Text

1. The Defendants shall pay to the Plaintiff KRW 246,230,946 and the interest rate of KRW 15% per annum from January 21, 2016 to the date of full payment.

Reasons

1. The following facts of recognition are acknowledged, either in dispute between the parties or in full view of the respective entries in Gap evidence Nos. 1 to 5, 9, and 13 and the purport of the entire pleadings:

A. On July 1, 2012, the Plaintiff entered into an agency contract, etc. (i) the Defendant Company A (hereinafter “Defendant Company”)

B) As follows, the agency contract between the Defendant Company and the Plaintiff’s purchase of raw water, etc. produced and handled by the Plaintiff and the sale thereof to the consumers (hereinafter “instant agency contract”).

(2) The term “instant additional agreement” and its added terms and conditions on the contract term, contract sales performance, supply price, support for the Plaintiff, etc. under the instant agency contract (hereinafter “instant additional agreement”).

2) On the same day, the Plaintiff concluded a lease agreement on the cold and hot water season (hereinafter “instant lease agreement”) with the Defendant Company on the following terms: (a) On the same day, the Plaintiff agreed to provide support pursuant to the instant additional agreement with the Defendant Company:

(hereinafter referred to as the “instant agency contract” in total, including the instant agency contract, additional agreement, and lease contract. The purpose of the instant agency contract is to continuously sell goods produced and handled by the Plaintiff to the Defendant Company, and the Defendant Company provides for the rights and obligations between the parties in purchasing and selling such goods to consumers.

(Article 1) The Defendant Company shall, with due care as a good manager, manage and preserve the official bottles, boxes, arms, and other fixtures (hereinafter “official equipment”) owned by the Plaintiff, supplied by the Plaintiff.

(Article 10(1) of the Act. The Defendant Company shall settle its public equipment supplied by the Plaintiff at the end of each month and return it to the Plaintiff.

If the defendant company fails to return public equipment equipment, it shall pay an amount equivalent to the recovery portion by the 15th of the following month.

§ 10.