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(영문) 서울중앙지방법원 2016.03.31 2014가합15854
손해배상(기)
Text

1. The plaintiff's 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 manufactures and sells electronic communications equipment, and Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company that engages in the development, sale, lease, etc. of software, and Defendant B and C is a person who was an employee of Defendant D.

B. On April 7, 2011, the Plaintiff entered into a domestic monopoly sales contract (hereinafter “instant contract”) with Defendant D on the “shot beam beam professional projector with a shot beam function on the instant product” (hereinafter “instant product”). On April 12, 201, the Plaintiff paid KRW 300,000,000 as the transaction deposit under the instant contract, and the main contents of the instant contract are as follows.

Article 1 (Purpose) The purpose of this Agreement is to verify the rights, obligations, and all matters between Defendant D and the Plaintiff and to facilitate mutual development between both parties when Defendant D continues to supply goods to the Plaintiff for a certain period of time under this Agreement, and the Plaintiff distributes and sells the goods to Defendant D by paying the price therefor.

Article 2 (Definitions of Terms) 2-1. The term “contractual product” refers to a product that Defendant D agrees to be supplied to the Plaintiff.

Article 3 (Formation of Contract Products and Contract Products) 3-1. Contract products agreed to be supplied to the Plaintiff by Defendant D are as follows:

3-2. Defendant D bears the duty to stably supply the contract products which are the subject of this contract during the contract period.

Article 5 (Transaction Guarantee and Payment Method) 5-1. After the conclusion of this Agreement, the Plaintiff deposits to Defendant D with a security deposit of KRW 400,000,000 in cash of KRW 100,000 (cash of KRW 100,000,000 in cash) within three business days from the account designated by Defendant D.

(Provided, That the surety insurance policy shall be submitted within 7 business days). Article 6 (Guarantee of Exclusive Sales Rights to Plaintiffs) 6-1. Defendant D shall have the exclusive status of the Plaintiff in relation to the domestic sales of contract products.

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