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(영문) 서울중앙지방법원 2015.12.10 2014가합51942

약정금

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 company established for the purpose of manufacturing, processing, wholesale and retail business, etc., and the Defendant is a company established for the purpose of manufacturing and selling rice mills.

B. On February 17, 2009, the Plaintiff and the Defendant concluded a total sales contract (hereinafter “instant contract”) with the content that the Plaintiff supplied products manufactured by the Defendant from the Defendant and sold in the metropolitan area as follows.

Section 2 (1) of the Agreement between the Defendant (A) and the Plaintiff (B) on the Total Markets in the Seoul metropolitan area shall, in accordance with this Agreement and in accordance with the terms and conditions of this Agreement, designate B as a seller of the Seoul, Gyeonggi, and the Seoul metropolitan area and accept B for the sale of products.

Dor A does not place any total sales of products to individuals or other legal entities other than B as the manufacturing source of products.

Article 3 (Supply Price and Payment) (1) The supply price of each product shall be determined on the basis of the difference between A and B, and efforts shall be made to ensure the maximum of mutual rights and interests.

D. (1) In principle, Pursuant to paragraph (1) above, A shall distribute the profits accrued from its business to 50:50.

(not including expenses incurred in product costs, business expenses, taxes, etc.). Reference to payment shall, in principle, be determined on the date of settlement by the Customer, and shall not exceed five days from the date of settlement.

Article 4 (Obligation of B) B shall make best efforts to expand sales of (i) during the period of this Agreement.

Sheshe shall not make products similar to the products A or provide information to other companies without prior written consent.

Consolidatedly, he is engaged in all businesses under Gap and is subject to any punishment when he carries out any business or work contrary to Gap's trust.

Article 5 (Duties of Party A) A shall make every effort to meet all orders of Party B for delivery of (i) during the duration of this Agreement.

Dor. Dor.