(영문) 수원지방법원 2014.03.27 2013가합3388

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(영문) 수원지방법원 2014.03.27 2013가합3388

손해배상(기)

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the development and manufacture of advanced energy saving solar, the wholesale and retail business of power saving equipment, and the distribution business. The Defendant is a company that manufactures and supplies semiconductors and ELD-making equipment, which has developed VSP, a net voltage compensation device product.

B. On June 25, 2007, the Plaintiff entered into a contract with the Defendant for the designation of an exclusive sales salesperson (hereinafter “instant contract”) under which the Plaintiff would receive and sell the VSP product manufactured by the Defendant, and prepared a written contract with the following contents. Of which, “The Regulation on the Restriction on Sale of Added 2 Products” is as follows:

The Defendant of the contract for the designation of the exclusive sales salesperson and the Plaintiff are to designate the Plaintiff as the exclusive sales salesperson for the sales business of the instant simple sales system products manufactured by the Defendant (hereinafter referred to as “products”), and to enter into and prove the “contract for the designation of the exclusive sales salesperson” as follows, and to keep one copy of this contract after signing and sealing two copies of this contract:

Article 2 (Opening of Contracts) 2-1: The name of the party to the contract is “a contract for the designation of an exclusive salesperson.” 2-2) The name of the party to the contract: The defendant who manufactures the product is called “manufacturer.” The plaintiff in charge of the sale of the product is called “the exclusive salesperson.”

2-3) The scope of the product: The product specified in the separate sheet - 1 of the supply price list shall be the product specified in the separate sheet, and the Defendant shall separately consult on the sale of the other product, and the Defendant shall give priority to the Plaintiff in designating the seller of the product. The sale of the product separate from Appendix 12-4 shall be sold through the designated monopoly. The product manufactured by the Defendant must be sold through the Plaintiff.

2-6 Restriction on Sale of Products: A separate product.

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