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(영문) 서울북부지방법원 2019.05.16 2018가합25933

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. The Plaintiff is a person who runs the wholesale and retail business of non-pharmaceutical drugs in the trade name of “C,” and the Defendant is a person who runs the manufacturing business of dental hygiene articles in the trade name of “D.”

Article 2 (General Provisions) (1) The Defendant shall continue to supply all the goods contracted with the Plaintiff to the Plaintiff, and the Plaintiff’s transaction agreement (Evidence No. 3) states “B” but appears to be “A”, i.e., the Plaintiff’s clerical error. It shall be purchased and sold.

Article 3 (Power of Sales) The Plaintiff has the right to distribute and sell the contractual products produced by the Defendant, and the Defendant is unable to distribute and sell the contractual products to any third party other than the business partners that the Plaintiff has consulted with, and if the contractual products are sold at a pharmacy, the Defendant is obligated to request the relevant business entity to suspend

Article 4 (Transactions of Goods) (1) The kinds, items and prices of goods supplied by the defendant to the plaintiff shall be agreed separately.

2. The plaintiff and the defendant shall prepare an incidental agreement to the transaction goods and attach it to this contract, and an additional incidental agreement shall be prepared and attached to the additional progress goods.

Article 8 (Liability for Damages) (1) The defendant shall be liable for all damages incurred to the plaintiff due to a cause attributable to the defendant in connection with the performance of this contract, and the plaintiff may set off his monetary liability and damages to the defendant.

Article 10 (Effective Term of this Agreement) (1) The effective term of this Agreement shall be one year from the date of its conclusion.

except that, unless the plaintiff or the defendant does not notify in writing 90 days before the end of the pertinent year, this contract shall automatically be valid for one year and shall thereafter be identical.

B. On March 10, 2017, the Plaintiff entered into a trade agreement with the Defendant on the continuous supply and sale of the brush brush that was produced by the Defendant.

(hereinafter “instant agreement”). The main text of the instant agreement is the instant agreement.