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(영문) 서울고등법원 2018.06.21 2018나2010409
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited the same reasoning as that of the judgment of the court of first instance, except for dismissal or addition as stated in paragraph (2) below, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

(a) the statement “B 11” at the bottom of the nine pages is the statement “B 5 and 11 each, and the testimony of H of the first instance trial witness”;

B. Not more than 10 pages 10 and not more than 2 pages 1 are as follows:

“Defendant C did not sell DD to other domestic and foreign enterprises after September 23, 2016, which entered into the second contract with the Plaintiff: Provided, That since December 23, 2016, Defendant C sold D to various enterprises, including P and Romerdi, a corporation, etc., but this is notified through the instant lawsuit that the Plaintiff did not intend to perform the said contract, such as the purchase of the minimum purchase amount agreed upon under the second contract, and the Defendant C also expressed his intention to terminate the contract through content-certified mail on December 14, 2016. It is merely an circumstance after the termination of the second contract between the Plaintiff and the Defendant C.

(b) 10, 10, and 10,000 square meters or less (3) are as follows:

③ On June 20, 2016, Defendant C entered into a contract with R to grant exclusive sales rights to D in China and Taiwan, and on September 23, 2016, Defendant C concluded a secondary contract with the Plaintiff to grant exclusive sales rights to D in Korea and abroad. Defendant C proposed that the Plaintiff succeed to the exclusive sales contract between Defendant C and R on the ground that he/she becomes aware that exclusive sales rights to D in China and Taiwan were granted twice to the Plaintiff. Plaintiff proposed that R reverse the exclusive sales contract for D entered into with Defendant C or change products subject to exclusive sales from D from D to Q. On the other hand, the Plaintiff refused each of the above proposals, while R accepted the above proposals.

According to the above circumstances, the defendant.

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