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(영문) 서울고등법원 2015.04.23 2014나36469
시설물사용금지 등
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 company that mines, manufactures, distributes, and sells chemical products, such as sium calcium, and the defendant has been engaged in the business of selling carbon calcium products produced by the plaintiff as a company that aims to distribute, sell, and provide services for chemical, business, etc.

B. On October 1, 1999, the Defendant concluded a goods transaction agreement with the Plaintiff and the Defendant, and the Defendant automatically extended the agreement once a year, unless one party expresses his/her intent to refuse to renew the agreement in writing. On October 1, 2001, the agreement has been automatically renewed after the same transaction agreement was re-established (hereinafter the above agreement and the goods transaction agreement was automatically extended prior to the conclusion of the goods transaction agreement on October 1, 201).

(2) Of the previous agreements, the relevant major contents of the instant agreement are as follows.

(hereinafter “A” and “B” refer to the Defendant respectively. Article 2 (General Provisions)

1. The key to the supply of products made by Gap to Eul, and Eul shall not deal with all other products of the same kind or similar kind;

2. B shall supply and sell products A with due care and duties of a good manager as stipulated in this contract.

Article 11 (Termination of Agreement) In any of the following cases, A and B may terminate this Agreement after giving prior peremptory notice to the other party:

1. A person who neglects his/her care and duty as a good manager, thereby causing loss, embezzlement, theft, transfer, offering security, etc. of products or sales proceeds to Gap;

2. Where he fails to submit a specification of transactions even after he sells his products, delays such transactions for a considerable period, or submits a false specification;

3. Where the sales performance of Eul is so poor that it may have a significant impact on Gap's business.

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