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(영문) 대전지방법원천안지원 2013.02.05 2011가합5212

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 180,438,122 to the Plaintiff (Counterclaim Defendant) and its related amount from January 27, 201 to February 5, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On May 2007, the Plaintiff, who is engaged in the livestock products distribution business, entered into a contract with Jeju milk Co., Ltd. (hereinafter “ Jeju milk”) to be supplied with the products, and was supplied with the products from Jeju milk.

B. On December 17, 2009, the Plaintiff and the Defendant, a major shareholder of Jeju milk, entered into an agreement on production and sales for strategic alliance (hereinafter “in case of strategic alliance agreement”) in order to promote mutual interests through specialization of their respective business areas. The main contents are as follows.

- - Future -

1. The objective of this Arrangement is to clarify the rights and obligations relationship between the Plaintiff and the Defendant through specialization of the business sector, and to promote mutual benefits through continuous business operations.

In particular, this Agreement focuses on collecting and processing milk products, and the plaintiff is the Daejeon Agenda that focuses on distributing milk.

2. The Plaintiff and the Defendant set up the production and sales goal of Jeju milk within 2010 set the permissible size of production and supply of Jeju milk at least 6 tons of organic milk and 10 tons of general milk products, and the Defendant, securing the production basis and implementing all the measures for sales and distribution thereof, actively by both parties.

3. Matters concerning the defendant's performance;

D. At an appropriate time when the Plaintiff’s implementation of this Agreement is satisfied, the Defendant will transfer all of the distribution business operated by the existing Defendant to the Plaintiff and concentrate on production and processing.

4. Matters concerning the plaintiff's performance.

A. The Plaintiff is to sell the entire quantity of production of organic milk produced by the Defendant under paragraph 2(1).

In accordance with production conditions, the sale of organic milk produced early even before June 2010 shall be made in the order of the milk produced.