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(영문) 서울북부지방법원 2018.04.26 2017가합20481
근저당권말소
Text

1. The Defendant (Counterclaim Plaintiff) received the following amount of money from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On November 14, 2014, the Plaintiff entered into an export agency contract with the Defendant to the effect that the Plaintiff is an export agent in the course of exporting Cambodia regarding drugs supplied by the Defendant (hereinafter “instant contract”). The main contents of the said contract are as follows.

Article 1 [Purpose] In carrying out the export of Cambodia for medicines produced and sold by the Defendant, the purpose of this Agreement is to promote mutual benefits between the Plaintiff and the Defendant as an export agent.

Article 2 [Contract Term]

1. The duration of this Agreement is between November 14, 2014 and November 13, 2017.

[Selection of Contract Products]

1. The plaintiff and the defendant shall analyze the sale and market conditions of medicines in Cambodia, and select products as requested from Cambodia upon agreement between them;

2. In the event that the Plaintiff exports additional products, other than those agreed upon under paragraph (1) of the same Article, to Cambodia, it shall consult with the Defendant preferentially.

3. The products agreed between the Plaintiff and the Defendant enter into a separate detailed pricing agreement.

5. The delivery period from the ordering date to the delivery date shall be three months;

Article 4 (Duties of Plaintiffs and Defendant)

1. The plaintiff's service 1) the business and export agency in Cambodia. 2) the Cambodia's export certification for products agreed upon as a contract agent and export agent, and the defendant shall provide the defendant with data necessary for the Cambodia's export certification.

2. The Defendant’s business 1) supplies goods agreed upon with the Plaintiff, and the Defendant is responsible for the stability of the supplied goods. 2) Preparation and sampling of all documents for the export approval of Cambodia for the agreed items.

Article 5 (Conditions for Settlement) The plaintiff and the defendant shall enter into a contract.

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