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(영문) 서울중앙지방법원 2014.06.20 2012가합92048
손해배상
Text

1. The lawsuit against the defendant C shall be dismissed.

2. The plaintiff's claim against the defendant A, and B is dismissed, respectively.

3...

Reasons

1. Basic facts

A. On August 16, 2004, the Plaintiff entered into a contract with Defendant C (hereinafter “Pco C”) which is a corporation whose head office is to make and sell hearing aids with its main business purpose, and the Plaintiff exclusively received and sell hearing aids products from Defendant C (hereinafter “instant products”) in the Republic of Korea (hereinafter “instant contract”). The contents relating to the instant issues are as follows.

7.1. Where a party notifies in writing the other party of the termination of the contract of this case, the contract of this case shall remain in force by the end of the month to which the date three months have elapsed since such notification belongs;

11. Any dispute between the parties on the implementation or interpretation of the instant contract or on India performed under the instant contract shall be determined in the sea and the commercial court of Denmark in accordance with the laws of Denmark substantial entity.

B. On August 11, 2009, Defendant C notified the Plaintiff that the contract of this case was terminated as of November 30, 2009 pursuant to Article 7.1. of the contract of this case since the Plaintiff’s performance of the contract of this case was not satisfactory and the sales of products did not reach Defendant C’s expectation. From November 2009, Defendant C discontinued the supply of the product of this case to the Plaintiff from November 2009.

C. On October 30, 2009, Defendant C established Defendant A Co., Ltd. (hereinafter “Defendant A”), which is a subsidiary company of Defendant C, and engaged in the import, manufacture, and sale of hearing aids in Korea.

Meanwhile, Defendant B joined the Plaintiff Company and served as D, etc. on October 2003. Defendant B retired from around April 10, 2009, and worked as vice president around October 30, 2009.

【Ground of recognition】 The fact that there has been no dispute, Gap's Nos. 1, 4, 5, 8, 13, 18 (including branch numbers; hereinafter the same shall apply), Eul's entries in Nos. 3 and 9, and the purport of the whole pleadings

2. Defendant B and A, the third party of the instant contract, claiming the Plaintiff, are the instant contract.

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