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(영문) 서울중앙지방법원 2018.01.19 2017가합523943
보관금 청구의 소
Text

1. The Defendant’s KRW 450,000,000, and the Plaintiff’s annual interest from March 11, 2016 to January 19, 2018, and the following.

Reasons

1. Basic facts

A. On December 13, 2013, the Plaintiff is a person who sells medical devices, etc., and entered into a Korean exclusive marketing contract with Nonparty D (hereinafter “Nonindicted Company”) on the “E” product with Nonparty Company (hereinafter “E”), and the Defendant Company is a company that manufactures a transparent correction machine as “E”.

B. On November 27, 2013, the Plaintiff and the non-party company entered into negotiations with the Defendant Company from around A, 2013 to enter into the instant contract on the sale of “E” products. At the time, the Plaintiff agreed to enter into the instant contract with the non-party company after hearing the agreement that F, the representative of the Defendant Company, would be in charge of the sale of E products by establishing the non-party company in Switzerland. (2) On November 27, 2013, before the instant contract was entered into, the Plaintiff paid KRW 450,000,000, which is part of the down payment under the instant contract, to the Defendant on the same day, and on the same day, issued from the Defendant a cash storage certificate stating “I will keep the fixed amount in Korea for the purpose of the deposit, and return it at the request of the custodian at the time of the termination of the contract.”

3) On December 13, 2013, the Plaintiff entered into the instant contract with Nonparty Company with the following content. Article 1 [Observance of Relevant Provisions and Duty of Care] of the main content of the instant contract

3. This contract shall be commenced in one hundred billion won as down payment and shall be effective for two years.

(The principal of the contract shall be returned to the plaintiff immediately upon termination and termination of the contract). The exclusive sales right may be automatically extended under mutual agreement between the plaintiff and the non-party company.

(1) - 11/27 4.5 billion won, 2 - 12/26 1.5 billion won, 3 - 1/29 200 million won, 4 - 2/72.2 billion won on the designated date). Article 12 (Contract Period and Deposit)

2. The plaintiff or the non-party company does not notify in writing the intent to terminate the contract or the intent to amend the terms and conditions not later than 90 days before the end of the contract.

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