logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.11.13 2020가합529781
중재판정취소의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The pertinent Plaintiff is a company engaged in the business of manufacturing shipbuilding machinery, etc., and the Defendant is a company engaged in the business of selling shipbuilding machinery, etc.

On April 20, 2009, the Plaintiff designated the Defendant as the exclusive sales agent in the People's Republic of China (hereinafter referred to as "China"), including the Plaintiff's Defendant, the Plaintiff's producers, and the Plaintiff's manufacturers, as the exclusive sales agent. From that time to that time, the Defendant performed the business of mediating sales contracts between the Plaintiff and the Chinese Shipbuilding.

B. The plaintiff designated under Article 2 of the conclusion of the exclusive agency contract shall appoint the defendant as the exclusive agent for the purpose of selling goods in China under the conditions stipulated in this contract, and the defendant shall accept this.

Article 3. Aler produced in whole or in part by the plaintiff of the product, and an agent (defendant) of China Article 5 in the area of Article 4, and the defendant shall endeavor to develop and promote the sale of the product and shall endeavor to increase the sale of the product in good faith.

Article 6 (Obligations and Responsibilities of the Plaintiff) The Plaintiff shall provide maximum support and cooperation to the Defendant in order to promote the sale of goods in China.

At the expense of the plaintiff, the plaintiff must promptly provide the defendant with samples, sales advertisements, exhibition products, and other materials necessary for the implementation of this contract.

Article 9 In principle, the plaintiff shall pay to the defendant the amount equivalent to 3% of the total invoice price of the goods under the sales contract as consideration for the sales services provided by the defendant under this contract.

Article 10. The date of entry into force and for the duration of this Agreement shall cease to exist for three years unless the contract has been terminated at an early stage in accordance with Article 11 from the date on which the Party has prepared the contract, and no one shall notify in writing of its intention to terminate the contract at least 60 days prior to the date of termination of the contract

arrow