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(영문) 특허법원 2020.02.14 2018나2438
손해배상(기)
Text

1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. After filing an appeal.

Reasons

1. Basic facts

A. The Plaintiff is a company whose purpose is to develop, manufacture, distribute, and sell water purifiers, and the Defendant is a company whose purpose is to manufacture and sell water purifiers and parts.

B. 1) On June 1, 2014, the Plaintiff entered into a goods supply contract between the Plaintiff and the Defendant with the Defendant on the following: (a) the Plaintiff and the Defendant manufactured and supplied the Plaintiff with the water purifier (UUD), the pen, the auxiliary goods of each product, and the A/S parts; and (b) the Plaintiff sold them (hereinafter “instant contract”).

The contract of this case was concluded, and the main contents of this case are as follows:

1. The Plaintiff shall pay to the Defendant the amount under a separate price list in return for the supply of goods from the Defendant, and the Parties shall not make a unit price adjustment, unless it is inevitable on the above unit price for a period of six years from the date this contract is concluded.

4. The Plaintiff and the Defendant are to bear one half of the gold-type investment expenses, and the assets, such as gold, shall be jointly owned in principle.

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

Article 7 (Exclusive Sales Right)

1. The Plaintiff has the authority to exclusively exhibit and sell Article 2 (A) [A] (A) provided by the Defendant [A] of the goods supplied by the Defendant, “C Water purifier D”, which is supplied by the Defendant] in the Republic of Korea.

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 Defendant.

4. The defendant is within the period set forth in Paragraph 2 above.

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