(영문) 서울중앙지방법원 2015.12.04 2015가합502508

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(영문) 서울중앙지방법원 2015.12.04 2015가합502508

손해배상(기)

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 21, 2014, the Plaintiff and the Defendant concluded a business agreement with the following contents.

(hereinafter referred to as the “instant Convention”) The Plaintiff and the Defendant conclude an agreement with respect to the “development and sale of boiler suitable for the North America market” under the mutual trust and cooperation, as follows.

Article 2 (Purpose of Joint Business) The purpose of business is to pursue mutual benefits by the Plaintiff’s promotion of the manufacturing sector of products and the sales sector of products in North America.

Article 3 (Conditions for Joint Projects) The scope of joint projects under this Convention shall be as follows:

1. Standards for products: 120,000tu/h (30,000ccal/h) capacity boiler; and

2. The specifications of goods: The specifications that are determined to be consulted between the original defendant and the second defendant; and

3. A trademark of products: A trademark marked by the defendant.

4. Certification of products: ASSME, CSSA (NSI, Z13, Z21), UL/EL, MAL, UL198, UL1953, NSSF, etc.

5. Sales area of products: United States (the entire United States age, including the main territory of the United States, Alscar and the Republic of Korea) and Canada.

6. Product development period: “Development of boiler suitable for the North America market” is aimed at July 2014.

Article 4 (Apportionment of Affairs) (1) The plaintiff's role in the development and production of boiler suitable for the North America market is as follows:

1. The plaintiff develops competitive products compared with other products sold in North America.

2. Development costs incurred in developing boiler suitable for the North America market shall be borne by the Plaintiff.

(2) The defendant shall take charge of the sale within the North America market of products developed by the plaintiff, and the roles of the defendant shall be as follows:

1. The defendant shall take charge of marketing, sales, and follow-up management in the North America market.

2. The defendant shall actively cooperate with the boiler product certification developed by the plaintiff and bear the costs through consultation with the two doctors.

Article 5 (Conclusion of Contract for Supply and Sale of Products)

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