(영문) 부산지방법원 2015.10.28 2014가합49282

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(영문) 부산지방법원 2015.10.28 2014가합49282

손해배상(기)

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1. On April 1, 2014, the Plaintiff (Counterclaim Defendant) filed against the Defendant (Counterclaim Plaintiff) for KRW 289,043,700 and KRW 220,000 among them.

Reasons

1. Basic facts

A. (1) The Plaintiff and the Defendant’s process of entering into the instant contract (i) is a person who is engaged in the business of manufacturing and supplying the “D” (hereinafter “instant products”) with the trade name of the Plaintiff and the Defendant, and the Defendant is a company engaged in the business of exporting and importing and distributing electrical appliances, health and consumer products, miscellaneous products, medical appliances, etc.

(2) On January 2014, the Plaintiff received a request from the Defendant to send data on the instant product, and sent a patent certificate, a review of clinical trials, a leaflet, and a EXPO banner.

(3) On January 23, 2014, the Defendant purchased 1,500 products of this case, including 30, “E”, 100, and 120, “F”, which are the instant product, from the Plaintiff. The Defendant supplied the Plaintiff with all 1,500 products from January 24, 2014 to March 24, 2014, including 14,042,000, and KRW 100,000,000 on May 5, 2014, and KRW 20,000,000,000 on March 4, 2014. The Plaintiff supplied all 1,50 products to the Defendant from January 23, 2014 to March 24, 2014.

(4) On February 4, 2014, the Defendant analyzed the product of this case supplied by the Plaintiff as described in the foregoing paragraph (3) and prepared a technical report thereon, and directly sold the product of this case by receiving delivery from the Plaintiff of exhibitions such as ice EXPO, etc.

B. Article 4 [Supply Price and Settlement] of the contract for the exclusive supply and sale of the product. (1) The method of the payment and settlement of each product supplied by the plaintiff to the defendant shall be determined by an individual agreement.

(2) The supply price may be changed in accordance with the agreement between the plaintiff and the defendant when any change occurs in all the matters, such as the product cost, market situation, and the plaintiff and the defendant's operating status.

(3) The plaintiff shall issue a tax invoice based on the date of approval and submit it to the defendant.

④ When the payment of the price is delayed, the Defendant shall pay the Plaintiff.

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