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(영문) 의정부지방법원 고양지원 2018.05.18 2017가합75043
손해배상(기)
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company that engages in the business of manufacturing cosmetics materials and additives.

Defendant A Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in the business of importing and exporting cosmetics, and Defendant B is the representative director of the Defendant Company.

The Defendant Company (A) and Supplier C (B) shall enter into a contract for the supply of raw materials and technology transfer as follows and shall comply with the good faith in order to develop and produce the products of SHENYG NE NG NE INDUTRALCO and LTD (hereinafter referred to as “China”):

Section 1 (Purpose) This Agreement is aimed at developing and supplying the technology transfer and goods specified in Article 2 to A, and contributing to the mutual benefits and common prosperity between A and A by using this product by its members.

Article 2 (Field of Cooperation) B shall provide the dispatch of technical human resources to acquire technology related to the manufacture of cosmetics in China so that it does not impede the production of China, and Party A shall notify the product development schedule and progress to Party B in writing and cooperate with each other so that it is reasonable to develop it.

Article 3 (Goods) The names of goods supplied by B to A shall be as follows:

1. Names of goods: Raw materials requested by A;

2. Specifications: Article 4 (Business Division and Terms and Conditions of Supply by Product.

1.B agrees to provide Party A with a written and non-written description of contract products.

2.B shall be responsible for the development, design, manufacture, and production technology of the user contract products provided to A and other relevant technical data.

In principle, the vice president D of Eul shall have overall control and support of the product design and development.

Provided, That change may be made through mutual consultation.

3. B shall take specific measures so that Party A’s human resources can fully acquire the technology of the contracted product.

4.B shall be obligated to make one-time business trip for the provision of technology for each product so that Chinese side can smoothly manufacture and produce the product.

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