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(영문) 서울고등법원 2015.04.24 2014나2012087

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged by taking into account the following facts: Gap evidence 1, Gap evidence 7-1 through 9, Gap evidence 48-1, 2, Gap evidence 50, Eul evidence 3-1 through 4, and Eul evidence 3-1 through 3-4, and the fact inquiry conducted by the court of first instance on January 17, 2014 against the director of the tax office having jurisdiction over North Korea Electric Power Exchange at the court of first instance, and the whole purport of the pleadings as a result of the fact inquiry conducted by the court of first instance. A.

The Plaintiff is a company engaging in the development and manufacture of advanced energy-saving operations, the wholesale and retail business of power-saving equipment, and the Defendant is a company that has developed VSP (VSP) as a net electric power supply compensation product, to a company that engages in the manufacturing, manufacturing, and supply of semiconductors, LCD equipment-making equipment.

B. On June 25, 2007, when the Plaintiff was supplied with and sold VSP products by the Defendant from around December 2005, the Plaintiff entered into a contract with the Defendant for the designation of an exclusive sales salesperson who is to be supplied and sold by the Plaintiff (hereinafter “instant contract”) and entered into a contract with the Defendant as follows. Of them, the part of “special provision on the restriction of sales of additives 2” is as follows.

The Defendant of the contract for the designation of the exclusive sales salesperson and the Plaintiff, for the sales business of the instant products for the net electric power system (hereinafter referred to as “products”) manufactured by the Defendant, designate the Plaintiff as the exclusive sales salesperson and enter into and prove the “contract for the designation of the exclusive sales salesperson” as follows, shall prepare two copies of the instant contract and keep one copy after signing and sealing the two copies of the contract:

Article 2 (Opening of Contracts) 2-1: The name of the contract in this case is “a contract for the designation of an exclusive salesperson.” 2-2) the name of the party to the contract: The defendant manufacturing the product is called “production.”