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(영문) 서울중앙지방법원 2018.02.02 2017가합514321
회사에 관한 소송
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of the lawsuit include the part resulting from the supplementary participation.

Reasons

1. Basic facts

A. On June 1, 2014, the Plaintiff entered into a contract between the Plaintiff and the Intervenor, and the Plaintiff’s design right, etc.

B) As between the division, the Intervenor manufactures and supplies the Plaintiff with the manufacture of D Water purifier(E) and the pen, parts, etc., and the contract under which the Plaintiff sells them (hereinafter “instant contract”).

The contract of this case was concluded. The main contents of the part relating to this case are as follows. Article 6 (Payment of Price)

4. The plaintiff and the intervenor shall bear one-half of the gold-type investment costs, and the assets, such as gold-type, shall be jointly owned in principle.

5. The intervenor shall select gold-type production and companies under his/her responsibility and shall be responsible for A/S free of charge up to two years and two hundred thousand shocks.

Article 7.(Monopoly Selling Rights)

1. The Plaintiff has the authority to exclusively exhibit and sell in the Republic of Korea Article 2 Section A [D Water purifiers (E) supplied by the Intervenor], set forth in Article 2 Section A (E) provided by the Intervenor.

2. The Plaintiff’s exclusive sales authority shall be held for a period of two years from the date of conclusion of this Agreement.

Provided, however, that the exclusive sales authority shall not be guaranteed if no more than 10,000 sets of water purifiers are supplied by July 30, 2015 after the conclusion of this contract.

3. The extension of the Plaintiff’s exclusive sales authority under paragraph 2 may be extended by agreement between the Plaintiff and the Intervenor.

Article 8 (Overseas Sale)

1. With respect to overseas sales, the plaintiff and the intervenor will be separately consulted in the future.

Article 13 (Intellectual Property Rights)

1. The trademark right and design right of an object related to this contract are owned by the plaintiff, and the design right owned by the plaintiff refers to a non-exclusive license granted to the intervenor to the extent that the right exists, and a separate contract is concluded at the time of the registration of the plaintiff'

2.This Agreement shall apply to the subject matter in connection with this Agreement.

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