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(영문) 대전지방법원천안지원 2019.11.14 2014가합201
손해배상(기)
Text

1. The Defendant’s KRW 500,000,000 as well as the Plaintiff’s annual interest from January 1, 2018 to November 14, 2019, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff, a company engaged in the business of manufacturing and selling drinking spring water, supplied drinking spring water to the neighboring Chungcheongnam-do and the south-do area of Gyeonggi-do (hereinafter “instant product”) with a total of 11 agencies around July 2008 and August 2008.

B. The Defendant, a company engaged in manufacturing and selling drinking spring water across the country, recorded the share of at least 10% in the domestic drinking spring water market around July 2008. However, the sales volume in the neighboring areas of the 11st agency of the Plaintiff was minor, and the sales volume in the areas where the said 11 agency was located was very minor.

C. In order to increase the sales volume in the vicinity of the astronomical basin, the Defendant recommended the Plaintiff to suspend several transactions with the Plaintiff’s agent several times from the beginning of July 2008 to the end of July of the same year, and to enter into a contract with the Plaintiff on conditions significantly favorable to the Plaintiff.

From July 15, 2008 to 21, 208 during the period of agency contract with the Plaintiff, eight agents, among the 11st agents traded with the Plaintiff, terminated the transaction under the agency contract with the Plaintiff (hereinafter “each of the instant agencies”) and immediately thereafter entered into an agency contract with the Defendant on August 1, 2008.

E. In the process of the contract with the respective agencies of this case, the Defendant agreed to provide 50% of the attorney's fees to the respective agencies of this case, which may arise from the termination of the transaction with the Plaintiff prior to the termination of the contract period for the agency of this case, and thereafter, provided the attorney's fees to each agency of this case in accordance with the contract as the civil litigation occurred between the Plaintiff and the respective agencies of this case. ② The supply price of the goods of this case between the respective agencies of this case and the respective agencies of this case was 2.

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