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(영문) 창원지방법원 2016.07.28 2015가합3112
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff is a company aimed at selling machinery in China. The defendant is a company that produces and exports public machinery, semiconductor equipment, robots, etc.

Around July 2010, Defendant E’s president visited the limited liability corporation located in the Jindo of China, and the Defendant introduced the Defendant and other subsidiaries to D around August 2010, and said that the Defendant was also an affiliate of Samsung Group.

3) D had the power of representation of China upon consultation with Defendant F president. On October 21, 201, D entered into an agency contract with the Defendant and Korea on October 21, 201 with respect to the products of public works manufactured in Korea with exclusive power of representation in China. 4) Meanwhile, D, due to lack of agreement with the Defendant, was not engaged in sales activities for six months due to lack of agreement with the Defendant, and D established the Plaintiff for the purpose of main business around July 2012.

(However, on July 1, 2012, since the defendant was aware that the limited company and the plaintiff were the same company, the plaintiff granted the authority to the plaintiff as the business headquarters in China to the plaintiff on July 1, 2012, and entered into an agency contract with the plaintiff on January 23, 2014.

5) Since then, the Plaintiff conducted public relations activities, such as holding exhibitions with gold, and intended to import and sell the Defendant products. However, the Defendant exported and sold the Defendant products to a third party in China, not the Plaintiff who did not have a professional engineer in accordance with an agency contract but has exclusive sales right, and did not comply with the promise to establish the Plaintiff and a joint factory, or did not provide a product manual necessary for the sale. 6) As a result, the Plaintiff did not import the products from the Defendant and sell them.

Moreover, the Defendant.

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