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(영문) 대전지방법원 2015.05.29 2014나105859
청구이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of manufacturing and selling automobile maintenance machinery and selling automobile parts, etc., and the Defendant is a stock company established for the purpose of manufacturing and selling automobile and various maintenance sets.

B. On September 1, 200, the Plaintiff, as a sales agent of the Defendant, supplied and sold various devices, parts, etc., such as automobile maintenance lifts, etc., from the Defendant, and paid the amount to the Defendant twice a month, and entered into a sales agency contract with the content that the contract period is one year, and the said contract was renewed on an annual basis.

(hereinafter referred to as "first agency contract"). (c)

On June 4, 2007, the representative director of the Plaintiff, and his wife C had completed on June 4, 2007 the registration of creation of a neighboring mortgage amounting to KRW 50,000,00 with respect to the Defendant as to the Daejeon Daejeon District Court No. 37147, Jun. 4, 2007, the Daejeon District Court received on June 3, 2007, with respect to the Plaintiff, the mortgagee, the Defendant, the maximum debt amount of KRW 50,00,00,00 for each of them jointly owned by each of one-half shares.

(hereinafter “instant collateral security”). D.

Around 209, the Plaintiff concluded a sales agency contract with the Defendant for a one-year period of contract (hereinafter “the second agency contract”) (hereinafter “the second agency contract”), and the sales agency contract between the Plaintiff and the Defendant is collectively referred to as the “the instant agency contract”). E.

In the contract of this case prepared by the defendant at the time of the contract of this case, "the defendant who supplies the goods shall not sell the goods to any other person at will (including any other agency)" under Article 12 (1) and Article 12 (1) of the "Article 12 (1) of the "No goods shall be sold to any other person (including any other agency)". The defendant's obligation under the above provision against the plaintiff shall be the sales area of this case.

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