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(영문) 서울고등법원 2018.10.19 2017나28599
물품대금
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Defendants exceeding the amount ordered to be paid following, is revoked.

Reasons

1. The following facts of the facts of the recognition do not conflict between the parties, or are recognized in full view of the purport of the entire pleadings in Gap evidence 1 to 9 (including the number number; hereinafter the same shall apply), Eul evidence 1, 2, and Eul evidence 8 and 9.

[1] The Plaintiff is an affiliated company specializing in the distribution of medicines belonging to N business groups, which is a pharmaceutical-related business group

On May 2012, Defendant C, who served as the representative director of the Plaintiff, established Defendant B (hereinafter “Defendant B”) under his mother name D.

On July 13, 2012, the Plaintiff entered into a joint protocol and supply contract with Defendant B (hereinafter “instant supply contract”).

The main contents of the instant supply contract are as follows.

Article 1(Purpose)The purpose of this Agreement is to supply goods referred to in Article 2 ("Contract Products") to "A" and to provide for matters necessary for "A" and "B" to jointly promote "Contract Products".

Article 2 (Contract Products and Joint Professionalion) ① “Contract Products” - Epebb 100g - E pumps 120g. ② “Joint Professionalization” grant “A” exclusive rights to “A” with respect to the sale, distribution, etc. of pharmacies and wholesale companies, and specific matters are as follows:

Items A "B" support for marketing activities entrusted with the sale and distribution of contract products, such as the sale and distribution of contract products under the distribution management contract.

1. Pharmacies (BOX);

2. A pharmacy master;

3.Article 3 (Sales) 1 of the Implementation of Media Advertising, such as ATR.BL, “B” shall grant “A” the exclusive right to sell “contractual products” to “A” at a domestic pharmacy and wholesale company.

2. “B” shall ensure that the said products are not distributed domestically through separate circulation channels in addition to “A” for the said products.

Article 9 (Delivery and Compensation for Delay) (1) The term "B" shall deliver contract products to the place in which they are recorded in the text of the contract at the responsibility and expense of "B".

except that;

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