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(영문) 대구지방법원 2020.05.22 2019가합208049
정산금 등
Text

1. The Defendant: (a) KRW 5,762,300 to Plaintiff A Co., Ltd. and KRW 6% per annum from June 1, 2018 to May 22, 2020.

Reasons

1. Basic facts

A. Plaintiff A (hereinafter “Plaintiff A”) is a company established around August 2013 and engaged in the business of selling medical devices and expendable goods, etc., and the Defendant is a company that manufactures, exports, or sells medical devices.

Plaintiff

B is the actual representative of Plaintiff A.

B. From around 2000, Plaintiff B entered into an agency contract with the Defendant with the name of “D”, “E”, etc., and supplied “F medical devices” from the Defendant to the hospital, etc.

(hereinafter referred to as “the side of the plaintiffs,” if it is necessary to refer both the plaintiff A and the plaintiff B due to the above contract acceptance. The main contents of the agency contract concluded by the plaintiff B with the defendant in 2012 are as follows:

(hereinafter referred to as “instant agency contract”). The Defendant (hereinafter referred to as “A”) and E (hereinafter referred to as “B”) enter into an agency contract, which was concluded between the Plaintiff B and the Defendant and was in force between the Plaintiff A and the Defendant, as follows:

Article 1(Purpose)The purpose of this Agreement is to provide for the rights and obligations related to the sale and brokerage of products imported and sold by A by entering into an agency contract with B.

Article 2 (Definition of Products) The term "products" means the Electronic Scces (hereinafter referred to as "Megs") and other Acces (hereinafter referred to as "consumables") of G.

Article 3 (Requirements for Agency)

1. B shall meet the following requirements:

(i) have at least three employees to be engaged in business activities for products; ii) have the registration of a medical device distribution business; Article 4 (Grant of Sales Rights and Brokerage Authority);

1. A shall be designated as an agency for B’s product, and B shall be sold and sold in the circulation channels and areas in which the contract with A was concluded.

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