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(영문) 수원지방법원안양지원 2017.09.07 2016가합103380
손해배상청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the wholesale business of food ingredients, retail business, manufacturing business, etc., and the Defendant is a company that runs the business of manufacturing food additives, etc., and Dutch Mtill Group (hereinafter “qors”) is a company that produces and sells milk products, etc. in Thailand.

Article 5 (Quality Guarantee) When the goods supplied to the Plaintiff are transported to a destination due to normal storage conditions, the Defendant shall be held liable for any problem in the quality of the goods within the effective period specified in Article 2(4).

Article 6 (Prohibition of Assignment of Rights and Duties) (2) The Plaintiff has the power of representation to sell exclusive products of this Agreement, including Dirsty Plus Co., Ltd. and Ltd.

(3) The defendant shall not sell the above contract products or appoint a third party's agent in the Republic of Korea to sell them on behalf of the plaintiff's customer, including Dirst Pus Co. and Ltd, which is the customer of the plaintiff in Thailand.

(F) In the event of a short term, the plaintiff shall be liable for the future anticipated profit that the plaintiff may gain.

Article 8 (Period of Contract) Contract shall be five years from the date of conclusion of the contract.

Provided, That if there is no intention of termination to the other party one month before the termination of the contract, it shall be deemed automatically extended two years under the same conditions.

Article 11 (Cancellation or Termination of Contracts)

1. The plaintiff and the defendant may cancel or terminate the contract in writing when the other party falls under any of the following subparagraphs:

5. Where the plaintiff or defendant has considerable interest that it is difficult to perform this contract or individual contract;

B. On May 3, 2005, the Plaintiff and the Defendant entered into a goods supply contract (hereinafter “instant contract”) with the content that they deliver the food additives, etc. produced by the Defendant to the customer of the Plaintiff via the Plaintiff, and among them, the contents relating to the instant case are as follows.

(c)in this case;

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