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(영문) 서울중앙지방법원 2019.09.25 2018가합543715
손해배상 등
Text

1. The plaintiffs' conjunctive claims against Defendant B are dismissed.

2. The plaintiffs A.

Reasons

1. Basic facts

A. The status of the parties 1) Defendant B Co., Ltd. (hereinafter “Defendant B”).

(2) Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into an official sale agency agreement with Defendant B and sells vehicles supplied by Defendant B, and the Plaintiffs are employees of Defendant A, who sell C vehicles and receive sales allowances, etc. therefrom.

B. Around December 23, 2016, Defendant B suspended the sale of a vehicle C (hereinafter “instant suspension of sale”) on the ground of Non-certification of new display rate for five types of vehicles (G, H, I, J, and K) from May 20, 2017 to May 20, 2017.

3) Defendant B confirmed the exhaust gas operation device that controls harmful substances only at the time of test of exhaust gas on the I diesel vehicle, and suspended the sale of the said vehicle on his own around August 2017, as the said model was revoked and called. Defendant B instructed Defendant B to implement a prior sales contract for the new L vehicle from around the second half of 2016, but the certification procedure necessary for the sale of the said vehicle was delayed to approximately one year.

5) Defendant B suspended the sale of MM vehicles without stating any special reasons. C. In order to obtain certification from Defendant B, N andO, which had been in charge of certification work necessary for import in Defendant B, was not equipped with an application for certification from the Seoul Central District Court on June 19, 2019 and a test report from the head office of Germany, in the course of submitting an application for certification from the National Environmental Research Institute and a test report from the head office of Germany.

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