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(영문) 서울중앙지방법원 2017.11.09 2016가합554957

물품대금

Text

1. The Defendant (Counterclaim Plaintiff) shall pay to the Plaintiff (Counterclaim Defendant) a full amount of KRW 59,769,60,00 and its payment from November 11, 2015.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. 1) The Plaintiff is a company established for the purpose of running medical supplies, medical appliances, quasi-drugs, cosmetics wholesale and retail business, etc., and is, around December 201, Belgium B (hereinafter “instant product”). The Plaintiff is a Belgium, which is a chest treatment medicine, from the actual wave in the Belgium (hereinafter “instant product”).

(2) The Defendant was granted the exclusive right to sell the instant product to the Plaintiff, a private entrepreneur engaged in pharmaceutical distribution business, etc. under the trade name of “C”, and was granted by the Plaintiff the exclusive right to sell the instant product to the Seoul, Gyeonggi, Gangwon-gu Hospital, pharmacy, etc.

B. On September 13, 2012, the Plaintiff entered into a goods supply contract with the Defendant (hereinafter “instant contract”) with the following terms and conditions.

)을 체결하였다. ◎ 물품공급 계약서 제2조(상호간 업무 및 의무

1. The plaintiff's duty

C. The Plaintiff grants the Defendant the exclusive sales right to the pertinent product.

2. The defendant's business and duties (including agencies or customers supplied by the defendant);

C. As to the Plaintiff’s supplied product, the Defendant may not sell any product other than medical clinics, pharmacies, and oriental medical clinics within the relevant region.

E. The defendant can not sell the plaintiff's supplied product to others than the relevant area.

3. Sales area and customers;

(a) the sales area and the customer are engaged in business activities only in the area or place of business agreed upon between the two parties;

B. The indication of the region and customer agreed by the Plaintiff and the Defendant shall be stipulated in a separate contract.

Article 3 (Initial Quantities and Settlement Cases)

1. As to the supplied product, the Defendant must receive the first-level quantity of the product requested by the Plaintiff in order to maintain exclusive and stable business activities.

2. The product in question shall be “rimera” and the initial volume at the first transaction shall be KRW 51,000,000 (Additional No.S.) and the settlement for the initial volume shall be 50% upon the contract and 50% after the receipt of the product.

Article 4 (2) and (3).