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(영문) 부산지방법원 2013.10.11 2012가합2920
손해배상(기) 등
Text

1. The Defendant’s KRW 200,000,000 as well as its annual 6% from February 24, 2012 to October 11, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that engages in the business of distributing, processing, selling, or exporting and importing agricultural products, and the Defendant is a corporation that manufactures and sells spring water.

B. On July 12, 2010, the Plaintiff and the Defendant supplied B (hereinafter “instant spring water”) produced by the Defendant using an underground rock bags to the Plaintiff, and the Plaintiff concluded a contract for the supply and sale of exported goods to be supplied and sold to the global market, including Japan (hereinafter “instant contract”).

C. The main contents of the instant contract are as follows.

Article 1 (Products) (1) 1. B 50,000 liter (2 liter and 0.5 liter): B 500,000 liter (2 liter and 0.5 liter) 2: 141 liter price (1). The Plaintiff is obligated and responsible for exporting and selling the products supplied by the Defendant to the global market. The Defendant must delegate the exclusive right for overseas sales to the Plaintiff and sell the products so that the Plaintiff can comply with the Defendant’s expectations.

Provided, That where the defendant intends to export, he/she may export only to the plaintiff's trade counter in consultation with the plaintiff.

Paragraph 2. The defendant must issue a power of delegation to the plaintiff with respect to export (the whole world market) and send it to the plaintiff.

Paragraph 3. When the Plaintiff sells B in Korea, only the Defendant’s products must be treated.

Provided, That the same shall not apply to products different from the defendant's production methods, such as marine depth water and aluminium water.

Article 5(Liability)(1). The defendant shall be fully responsible for delay of delivery of the product, delay of shipment due to such delay, failure to deliver the product, and for the claimant's claimant arising from such reasons as quality failure, quantity shortage, packing failure, quality failure, etc. after the shipment, and all expenses and losses therefrom shall be borne by the defendant.

Article 7 (Quality Inspections) Paragraph (1). The defendant shall manufacture the products.

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