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(영문) 서울중앙지방법원 2017.04.21 2016가합500318
매매대금반환
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff is a legal entity established under the Chinese law that operates the distribution business, and Defendant East International Pharmaceutical Co., Ltd. is established under the Korean law that mainly aims at medicine, cosmetics, medical appliances, and quasi-drugs manufacturing business, import business, and sales business. Defendant Choen Co., Ltd. is a legal entity established under the Korean law that mainly aims at food, health, cosmetics, and fashion trade business.

B. On July 6, 2015, the Plaintiff, Defendant East International Pharmaceutical Co., Ltd., and Defendant Cienna Co., Ltd. entered into a sales agreement with respect to the goods “ Denmark Project” (hereinafter “instant goods”) produced by the Defendant East International Trade Co., Ltd. (hereinafter “instant contract”) in China, and the main contents thereof are as follows.

2. 1 Supplier (SUPPPLIER, Defendant East International Pharmaceutical Co., Ltd.) grants suppliers (VEND and Defendant CIT Co., Ltd) the right to exclusively purchase products from suppliers in accordance with this Agreement so that the products can be sold in China, and the suppliers accept them.

The Supplier agrees to provide exclusively the supplier with the products so that the products can be sold and distributed in China through the supplier.

The Supplier and the Supplier agree that the Supplier will not sell or distribute products in China through other companies than distributors (DITRBUTR, the Plaintiff).

A supplier shall make every effort to install devices to distinguish the products from imitated products.

When a distributor purchases a product, he/she shall not eliminate the supplier directly or through his/her agent.

3.1 The initial period of this Agreement is Section 1.1D 1.D.

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