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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff is a corporation that engages in the business of medical devices, medical equipment, quasi-drugs, and cosmetics sales, and Defendant B and C (hereinafter “C”).
3) The Plaintiff is entitled to make D Cosmetics (hereinafter referred to as “D”).
(2) A contracting party to a contract to grant the exclusive right to sell D is the other party who entered into a contract to supply D. D. D is developed in Defendant C as a product with local decomposition effect, and Defendant B’s spouse cooperates in D’s clinical trials, which led to Defendant B’s granting the exclusive right to sell during the time of trial in 2015.
B. On July 21, 2016, the Plaintiff entered into a contract between the Plaintiff and the Defendants with respect to the exclusive sales contract with the Defendant B, who had been engaged in the business of G in the name of G at the time of July 21, 2016 (hereinafter “the first contract”).
The primary content of the first contract is as follows. The purpose of this contract is to regulate the content of the Plaintiff’s exclusive supply of D (MTS Non-exclusive) cosmetics provided by Defendant B to Korea and the entire world. Article 2 (Supply Price and Order Quantity)
1. The supply price of goods shall be 12,000 won per 16al day (including VAT);
Provided, That when the ordered volume per time exceeds 10,006al, it shall be 11,500 won per 16al.
2. The amount of an order shall be 120,006,006, annually;
4. The amount guaranteed as a monopoly for a year: He/she shall be mandatory to purchase products equivalent to 50% of the agreed minimum quantity, if he/she fails to sell the minimum quantity of supply for a year agreed upon during the contract period of a monopoly;
Article 3 (G's Exclusive Rights)
1. Defendant B shall grant only to the Plaintiff the exclusive right to sell products in Korea and all the world.
2. Defendant B shall grant the Plaintiff the exclusive right, as in this case, to the development of the product’s trade lass or similar products.
Provided, That the case where the plaintiff refuses shall be excluded.
3. Heon.