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(영문) 대전고등법원 2015.04.17 2013나3697
손해배상(기)
Text

1. The plaintiff (Counterclaim defendant)'s appeal against the principal lawsuit is dismissed.

2. The part concerning the counterclaim of the judgment of the court of first instance is in part.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. Status 1 of the parties to the case is as follows. The Plaintiff is Onnuri Co., Ltd. (hereinafter “Ba”).

As a subsidiary of livestock products (the main purpose of the milk distribution business) was to establish a trade name, “stock company vagabonds,” on March 11, 2010, as a subsidiary of livestock products, the same year.

5. 28. It was changed to the present trade name.

2) From May 2007, the Defendant, from around the Plaintiff’s parent company, provided Jeju milk Co., Ltd., Ltd. (hereinafter “ Jeju milk”) that supplied dairy products to the Plaintiff’s parent company.

(B) The major purpose of this Agreement is to consolidate Jeju milk on August 24, 2010, with a view to the business of manufacturing processed milk products. (b) The Defendant, who was supplied milk products from the Jeju milk co-ownership of the so-called strategic partnership agreement, and the Defendant, on December 17, 2009, with a view to promoting mutual interests through specialization in the business sector of each of the parties, and the production and sales agreement for strategic alliance (hereinafter “instant strategic partnership agreement”).

The main issue was the conclusion of the contract.

Details are as follows:

- Strategic Partnership Arrangement -

1.The objective of this Arrangement is to clarify the contractual relationship between the Parties by establishing strategic alliances through specialization of the area of business and to promote mutual benefits through continuous operation of the business.

In particular, this Agreement is the Daejeon Agenda that focuses on collecting and processing milk products and concentrates on the distribution of Onnuri.

2. Ghana for which the objectives of production and sale have been set, and both of the defendants set up within 2010, set the scale for the production and supply of Jeju milk at least six tons of organic milk, and ten tons of general milk products, and the defendants shall actively implement all the measures for the sale and distribution of such products, which are secured by them;

3. Matters concerning the defendant's performance;

A. By June 30, 2010, the Defendant has collected organic milk at least six tons per day.

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