(영문) 서울남부지방법원 2018.10.16 2016가단255938

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.10.16 2016가단255938

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a juristic person that runs wholesale business, such as scientific instruments, with the trade name of “C”, and the Defendant is a juristic person that runs wholesale business, such as laboratory equipment and medical appliances.

B. The Defendant, who operated C, concluded a contract for the Defendant’s Gwangju and Jeonnam Area Agent on a one-year basis from around 2009, and entered into the same agency contract (hereinafter “instant contract”) with the Plaintiff, which was the changed business operator of C on February 1, 2016 to January 31, 2017, with the term of contract fixed from February 1, 2016 to January 31, 2017.

Article 11 (C's Obligations)

1. C shall comply with the Defendant’s basic business policy and shall not engage in any act detrimental to the competitor or any act detrimental to the competitor, such as in without prejudice to the customer (in the business area, consumers and withurers).

2. He/she shall select persons in charge of products and shall provide services to the relevant area;

Provided, That with respect to services that cannot be implemented, the guarantee period of the head office shall be requested to the head office, and the service costs may be verified, and the service costs may be claimed in consultation with the service manager of the head office.

Article 12 (Payment of Sale Price) C shall run as follows with respect to the products for which the defendant wishes to be supplied:

2.The payment of price shall, in principle, be:

-as of the 15th day of each month, deposits before the end of the month in the case of previous sales, and after the 15th day of the following month in the case of subsequent sales;

3. When paragraph 2 of Article 11 is not observed, the defendant may take the following measures against C:

- the recovery of goods supplied through C - They may be claimed to C for damages incurred in the delivery and collection of goods.

- The defendant may refuse to comply with the request for supply of the product after C.

- The defendant may also notify C of the termination of the agency.

C. Meanwhile, the Defendant’s obligations stipulated in the instant contract and the Defendant’s measures against the breach of such obligations are as follows.

The defendant.

유사 판례

-서울동부지방법원 2017.02.09 2014가합106500

-서울동부지방법원 2020.05.29 2019나1789

-광주지방법원장흥지원 2019.05.14 2018가합5018

-수원지방법원 2014.03.27 2013가합3388

-서울중앙지방법원 2018.01.11 2016가단150112