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(영문) 서울중앙지방법원 2016.12.23 2015가단85952
손해배상(기)
Text

1. As to KRW 62,03,938 and KRW 25,850,00 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 62,03,938, and KRW 36,183,938.

Reasons

1. Facts of recognition;

A. A. A summary of the parties is a company established and operated on March 19, 198 for the purpose of wholesale and retail business of computers and peripheral devices, manufacturing business, maintenance and repair of computer systems, development and supply of software, etc.

The defendant is a company incorporated on February 21, 2002, with its business purposes, such as the development of hardware, software, manufacturing, sales, and service business, and the development, manufacture, sale, integration, construction, and service business related to information and communications networks.

On July 1, 2007, the Defendant entered into a domestic distribution and sale monopoly contract with SGI for the products produced by SGI, as well as high-performance computer hardware and software manufacturing company (hereinafter referred to as SGI) company of the United States.

B. On May 31, 2013 between the Plaintiff and the Defendant, the Plaintiff and the Defendant entered into a sales partner agreement with the Plaintiff (hereinafter “instant sales partner agreement”) on May 31, 2013, designating the Plaintiff (B) as the partner of the Defendant (hereinafter “instant product”) for the domestic sales of the CXFS 7 product (hereinafter “instant product”), which is the co-owned file system of SGI, on May 31, 2013, and agreed as follows:

The purpose of Article 1 (Purpose) of the General Terms and Conditions of Contracts> The purpose of this Agreement is to promote common interests by determining the overall matters concerning the sales agency and business cooperation of the products of this case between A and B, and by promising to perform them in good faith.

Article 2(1)(b) A shall engage in active sales activities for the product of this case, and shall have business personnel and technical personnel for this purpose. 2) B shall not be supplied with the product of this case from other companies than A.

3) Eul shall comply with the overall business policies of Gap in the sale of the instant product. 4)

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