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(영문) 서울중앙지방법원 2018.07.05 2017가합557700
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity that runs software development services and package sales business, and the Defendant is a legal entity that provides software consulting and development services.

The defendant (hereinafter referred to as "A") and C (hereinafter referred to as "B"), and the plaintiff (hereinafter referred to as "the plaintiff") agree to enter into a product supply contract with respect to the education E business that is conducted in 2015 and implement it in good faith as follows:

Section 1 (Purpose of this Agreement) The purpose of this Agreement is to provide for basic cooperative relations in the supply of A’s products to B or C and to provide C with exclusive supply only in the areas specified in this Agreement.

Article 2(Definitions) The term “products” refers to “D” products, which are Party A’s products.

Article 3(Cooperation Relations) A shall grant C 10 exclusive rights to supply 10 regional offices of education (in Incheon, Gyeonggi-do, Chungcheongbuk-do, Daejeon, Chungcheongnam-Nam, Jeonnam-Nam, Jeonnam-Nam, Gwangju, and Gangwon) to C and shall supply products through B.

In such cases, the order of Eul and Byung may be changed and products may be supplied.

Article 4 (Supply and Price of Products)

1. A shall supply products to B, and the supply price shall be determined by consultation between A and C according to the market situation, and Eul shall be determined by consultation between B, B, and C.

2. When supplied to the above 10 Offices of Education for the business purposes of Byung, Byung's Madjin may be claimed against Byung at the request of Byung.

Provided, That Byung shall issue a tax invoice for consulting expenses to Gap.

As above Article 9 (Construction of Contract Provisions) above, this Agreement shall be concluded on the basis of sufficient consideration and mutual understanding between Gap and Eul, and matters not specified in this Agreement shall be determined by separate contracts agreed upon between Byung and Eul, and matters not specified in the agreement shall be in accordance with relevant Acts and subordinate statutes and general commercial practices.

B. The Plaintiff, the Defendant, and C Co., Ltd. (hereinafter “C”) are as follows:

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