(영문) 수원지방법원안산지원 2016.11.10 2014가합5682

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(영문) 수원지방법원안산지원 2016.11.10 2014가합5682

손해배상(기)

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 primary subcontractor of Samsung Electronic, and is a company that manufactures and supplies mobile phone boxes produced in Samsung Electronic, and the Defendant purchased originals from the original supplier and sells them after printing them in the above originals.

B. On July 11, 2012, while the Defendant developed a cgal lusium necessary for Samsung Electronic’s cellular phone boxes, the Defendant entered into a sales agency contract with the Plaintiff on the following (hereinafter “instant contract”).

The defendant of the sales agency contract (hereinafter referred to as "A") and the plaintiff (hereinafter referred to as "B") shall conclude a monopoly agency contract for the sales of products produced, sold, and supplied by Gap (hereinafter referred to as "products") as follows:

Article 1 (Purpose) (1) The purpose of Gap and Eul is to promote the efficient operation of sales agencies by stipulating all the matters concerning contracts for sales agencies.

(2) A shall be designated as an agency for the goods supplied by B and Eul shall be performed in good faith in accordance with this Agreement.

Article 2 (Place and Scope of Business) (2) The scope of business activities of B (hereinafter referred to as “the scope of jurisdiction”) is Samsung Electronic Department and the first cooperation company related to Samsung Electronic Department and its related thereto, and the scope of business jurisdiction is supplied by B, under absolute protection of B.

(3) A shall promise paragraph (2) and shall not engage in any business activity within the scope of the business jurisdiction of B.

(4) If Company A’s products have been adopted by Samsung Electronic Co., Ltd., they shall be produced and supplied by Company A at least 100%.

Article 3 (Types, Specificationss, etc. of Goods) (1) A shall supply the kinds, specifications, etc. of goods as required by B and shall exchange and supply them immediately if they are different from the required specifications.

(2) A shall immediately notify B of any change in the specifications of the kind, size, etc. of goods that it supplies to B.

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