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(영문) 대구지방법원 2016.09.21 2014가단126909
손해배상(기)
Text

1. The Defendant’s KRW 21,625,719 for the Plaintiff and KRW 6% per annum from September 1, 2015 to August 17, 2016.

Reasons

1. On September 6, 2012, the Defendant (C Operation) entered into a contract for goods supply with Co., Ltd. D and E products to sell them directly for three years at Daegu Metropolitan City and Gyeongbuk-do.

On April 1, 2013, the Plaintiff (F) entered into a contract with the Defendant and the Defendant for the supply of goods (hereinafter “instant commodity supply contract”) under which the Plaintiff and the Defendant supplied E supplied the Plaintiff with the goods supplied by the Defendant and the Defendant to the Gyeongbuk Port Hospital, the Gu Mancheon National University Hospital, the Gu Mancheon National University Hospital, G hospital, the H hospital, and the Youngnam National University Affiliated University Hospital to sell the goods to the Plaintiff, and the main contents are as follows.

[Main Contents of the instant commodity supply contract] - Business and duties between them (Article 2), and the Defendant shall grant the Plaintiff the exclusive right to sell the pertinent contract area and hospital’s products to the Plaintiff.

(1) Paragraph (1) (c). The plaintiff complies with business policies, including the defendant's publicly known information.

(2) ACT 2. (b) - A contract shall be lost in cases where the Plaintiff, in violation of the Defendant’s business policy, has inflicted serious loss on the Defendant.

- In the event that the termination and rescission of the contract (Article 10) and the occurrence of a serious reason that makes it impossible to perform the contract or to accomplish the terms and conditions of the contract (Article 10), and where the plaintiff violated the publicly notified matters and business policies of the defendant, the defendant may request the plaintiff to take corrective measures, and where the plaintiff does not accept the new corrective measures (Article 5) on October 23, 2013, the plaintiff entered into a G hospital delivery contract with the defendant and G hospital to transfer E’s delivery rights to I (hereinafter “the instant transfer contract of delivery rights”). The main contents are as follows.

[Main contents of the instant contract for the transfer of delivery rights] - The settlement of expenses (Article 3) shall be made to the Plaintiff by the end of the following month with respect to the sales volume (10 items) of the previous month.

The settlement amount shall be 27,00 won per unit.

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