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(영문) 서울동부지방법원 2014.06.13 2013가합1424
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties to the product of this case is the company that has been granted the exclusive sales right to the product of this case from purely manufacturing microbbbing bath (hereinafter “instant product”) with the trade name of “BASPA” (hereinafter “the instant product”), and the company that purchased the instant product from Hanbing Industries and the Plaintiff A are the company or the individual company that purchased the instant product of this case from Hanbing Industries as seen below.

B. On October 30, 2008, Plaintiff 1 entered into a goods supply contract between Plaintiff 1 and Hanhystex (1) on the product of this case on October 30, 2008, the Plaintiff 1 and Hanhystex entered into a goods supply contract to purchase the product of this case at KRW 39,000 per unit. However, on the product of this case on February 2, 2009 through around 280 units around February 3, 2009, each call measure was taken as to the product of this case on March 10, 20 units.

(2) On August 2009, the C.S. continued to manufacture the instant product by newly establishing the C.S. technical directors, management directors, etc. after the factory was destroyed due to fire.

(3) Thereafter, around August 2010, Plaintiff 1 entered into a contract on the supply of goods to sell KRW 1,980,000 per unit to consumers by purchasing the instant product at KRW 440,000 per unit (hereinafter “instant contract on the supply of goods”). The main contents of the contract are as follows.

(A) The subject product under the contract between “A” and “B” under Article 3 (Subject Product and Unit Price), and the subject product under the contract between “A” and “B,” shall be named “BASPA,” and the unit price for the supply.

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