(영문) 서울중앙지방법원 2017.10.27 2014가합30433

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(영문) 서울중앙지방법원 2017.10.27 2014가합30433

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. (1) A transaction relationship between the Plaintiff and B between the Plaintiff and the Plaintiff is a French State B, which is a global software company B around 1999, and its registration office is located in C, G, and F, The contract entered into on 1999 is described only in B as “B”. (hereinafter “B”).

As between January 1, 1999, software, etc. developed by B for three years from January 1, 199 (hereinafter “instant product”).

(2) After the expiration of the contract term, the Plaintiff and B entered into a contract under which the Plaintiff would be entitled to sell goods within the territory of the Republic of Korea (hereinafter “instant contract”). The term of the contract was automatically renewed every year pursuant to Article 14 of the General Regulations after the expiration of the contract term. (2) The Plaintiff and B entered into a contract under which the Plaintiff would be entitled to sell goods within the territory of the Republic of Korea (hereinafter “instant contract”). However, the agreement under which the Plaintiff would be granted exclusive rights to sell goods within the territory of the Republic of Korea (hereinafter “Busi business”).

The above contract was automatically renewed every year after the expiration of the contract term in accordance with Article 14 of the General Provisions, as in the previous contract.

The main contents of the instant contract are as follows.

General Duties of both parties in general relation with Article 3 of the General Provisions (Our General Rostership)

2. No party to a contract shall transfer or transfer the contract without the prior written consent of the other party;

(Partial omitted) For the purpose of the validity of any amendment to the contract of this case under Article 10, the Parties shall agree in writing that the amendment shall be made.

Any change shall not be retrospectively effective unless written consent is given.

Article 15 (Applicable Law) The contract of this case shall be applied and interpreted in accordance with California law.

(hereinafter omitted) The subsidiary arrangements to the resaler (hereinafter referred to as the “Rviser Atach Management”) are annexed agreements in the face of 22 to 23 pages of the instant contract.

유사 판례

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